THE TRIPURA LAND REVENUE AND LAND REFORMS ACT, 1960  

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ARRANGEMENT OF SECTIONS 
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PART I 

CHAPTER I.—PRELIMINARY 

SECTIONS 

1. Short title, extent and commencement. 

2. Definitions. 

CHAPTER II—REVENUE DIVISIONS, REVENUE OFFICERS AND THEIR APPOINTMENT 

PART II 

3. Power to create, alter or abolish districts, sub-divisions, etc. 

4. Appointment of revenue officers. 

5. Collector and certain other revenue officers. 

6. Settlement officers. 

7. Subordination of revenue officers. 

8. Combination of offices. 

9. Notification of appointments. 

10. Seals. 

CHAPTER III.—LAND AND LAND REVENUE 

11. Title of Government to lands, etc. 

12. Right to trees, forests, etc. 

13. Assignment of land for special purposes. 

14. Allotment of land. 

15. Unauthorised occupation of land. 

16. Liability of land to land revenue. 

17. Alluvial lands. 

18. Land revenue in case of diluvion. 

19. Assessment of land revenue. 

20. Diversion of land. 

21. Remission or suspension of revenue on failure of crops. 

22. Responsibility for payment of land revenue. 

23. Receipt for land revenue. 

CHAPTER IV.—SURVEY AND SETTLEMENT OF LAND REVENUE 

24. Definitions of “revenue survey”, “settlement” and “term of settlement”. 

25. Inquiry into profits of agriculture. 

26. Revenue survey. 

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SECTIONS 

27. Power to require assistance from landholders. 

28. Survey numbers and villages. 

29. Division of survey numbers into sub-divisions. 

30. Determination of revenue-rates. 

31. Preparation of statistical and fiscal records. 

32. Revenue-rates how determined. 

33. Publication of table of revenue-rates. 

34. Confirmation of the table of revenue-rates. 

35. Rates of revenue to form part of settlement register. 

36. Introduction of revenue-rates. 

37. Duration of revenue-rates. 

38. Assessment on holdings. 

39. Additional assessment for water advantages. 

40. Continuance of survey operations and rates in force at commencement of Act. 

41. Power of Collector to correct errors, etc. 

CHAPTER V.—LAND RECORDS 

42. Preparation of record of rights. 

43. Publication of the record of rights. 

44. Jurisdiction of civil courts to decide disputes. 

45. Correction of bona fide mistake in register. 

46. Register of mutations. 

47. Penalty for neglect to afford information. 

48. Assistance in preparation of maps. 

49. Certified copies. 

50. Maps and other records open to inspection. 

51. Power to transfer duty of maintaining maps and records to settlement officer. 

CHAPTER VI.—BOUNDARIES AND BOUNDARY MARKS 

52. Determination of village boundaries. 

53. Effect of settlement of boundary. 

54. Construction and repair of boundary marks. 

55. Description of boundary marks. 

56. Responsibilities for maintaining boundary marks. 

57. Collector to have charge of boundary marks. 

58. Penalty for injuring boundary marks. 

CHAPTER VII.—REALISATION OF LAND REVENUE AND OTHER PUBLIC DEMANDS 

59. Land revenue to be first charge. 

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SECTIONS 

60. Payment of land revenue. 

61. Arrear of land revenue. 

62. Recovery of Arrears. 

63. Notice of demand. 

64. Distraint and sale of movable property. 

65. Sale of immovable property. 

66. Notice of sale. 

67. Sale to be by auction. 

68. Prohibition to bid at auction. 

69. Sale of perishables. 

70. Sales not to be excessive. 

71. Deposit by purchaser of immovable property. 

72. Failure to make deposit. 

73. Setting aside sale. 

74. Confirmation of sale. 

75. Refunds. 

76. Certificate of purchase. 

77. Application of proceeds of sale. 

78. Liability of certified purchaser. 

79. Precautionary measures in certain cases. 

80. Recovery of other public demands. 

CHAPTER VIII.—PROCEDURE OF REVENUE OFFICERS: APPEALS AND REVISIONS 

81. Revenue officers to be courts. 

82. Place of hearing. 

83. Power to enter upon and survey land. 

84. Power to transfer cases. 

85. Power to take evidence, summon witnesses, etc 

86. Compelling attendance of witnesses. 

87. Hearing in absence of party. 

88. Adjournment of hearing. 

89. Power to order payment of costs. 

90. Use of force. 

91. Appearances before and applications to revenue officers. 

92. Correction of error or omission. 

93. Appeals. 

94. Limitation of appeals. 

95. Revision. 

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SECTIONS 

96. Review of orders. 

97. Stay of execution of orders. 

98. Power to make rules. 

PART III 

CHAPTER IX—RIGHTS OF RAIYATS IN LAND 

99. Rights of raiyats. 

100. Reservation of land for personal cultivation. 

101. Procedure for reservation of lands. 

102. “Permissible limit” defined. 

103. Land deemed to be reserved for personal cultivation in certain cases. 

104. Non-resumable land. 

105. Right to lease. 

106. Land left uncultivated. 

107. Relinquishment. 

CHAPTER X.—RIGHTS OF UNDER-RAIYATS 

108. Interest of under-raiyats. 

109. Right to create a mortgage or charge. 

110. Right to make improvements. 

111. Maximum rent. 

112. Payment of rent. 

113. Reasonable rent. 

114. Commutation of rent payable in kind. 

115. Receipt for payment of rent. 

116. Refund of rent recovered in excess. 

117. Suspension or remission of rent. 

118. Eviction of under-raiyat. 

119. Restoration of possession of land to under-raiyat. 

120. Certain lands to be non-resumable land of under-raiyat. 

121. Compensation for improvements. 

122. Under-raiyat may remove building, works, etc., not deemed improvements. 

123. Restoration of possession of land in certain other cases. 

124. Relief against termination of tenancy for act of waste. 

125. Surrender of land by under-raiyat. 

126. Transfer of ownership of land to under-raiyats. 

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SECTIONS 

127. Compensation to raiyat. 

128. Payment of compensation to raiyat. 

129. Under-raiyat to pay compensation amount. 

130. Issue of certificate to under-raiyats. 

131. First option to purchase. 

132. Power to make rules. 

CHAPTER XI.—ACQUISITION OF ESTATES AND OF RIGHTS OF INTERMEDIARIES THEREIN 

PART IV 

133. Definitions. 

134. Notification vesting estates in the State. 

135. Consequences of notification under section 134. 

136. Rights of intermediary to certain lands. 

137. Collector to take charge of estates, etc., vested in the Government. 

138. Decision of disputes. 

139. Appeal. 

CHAPTER XII.—ASSESSMENT AND PAYMENT OF COMPENSATION 

140. Intermediaries entitled to receive compensation. 

141. Date from which compensation shall be due. 

142. Every intermediary to be treated as a separate unit. 

143. Appointment of compensation officers. 

144. Compensation assessment roll. 

145. Determination of gross income and net income. 

146. Compensation payable to intermediary. 

147. Disposal of claims of creditors. 

148. Appeal against the decision of claims officer. 

149. Preliminary publication of compensation assessment roll and disposal of objections. 

150. Contents of the order of compensation officer. 

151. Appeals against order of compensation officer. 

152. Final publication of the compensation assessment roll. 

153. Correction of bona fide mistakes. 

154. Ad interim payment of compensation. 

155. Mode of payment of compensation. 

156. Compensation due to maintenance holder. 

157. Compensation due to person incompetent to alienate. 

158. Inquiries to be judicial proceedings. 

159. Penalties. 

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SECTIONS 

160. Application of Part III to persons becoming raiyats or under-raiyats under Part IV. 

161. Power to make rules. 

PART V 

CHAPTER XIII.—CEILING ON LAND HOLDINGS 

162. Exemptions. 

163. Definitions. 

164. Cellings on holdings. 

165. Submission of returns. 

166. Collection of information through other agency. 

167. Procedure for determination of excess land. 

168. Selection of excess land in cases of certain transfers. 

169. Excess land to vest in Government. 

170. Publication of the final list and consequences thereof. 

171. Compensation. 

172. Manner of payment of compensation. 

173. Limit of future acquisition of land. 

174. Excess land not to be surrendered in certain cases. 

175. Power of Collector to take possession of excess land. 

176. Offences and penalties. 

177. Finality of orders. 

178. Power to exempt, etc. 

CHAPTER XIV.—PREVENTION OF FRAGMENTATION 

179. Definitions. 

180. Restrictions on transfer, etc. 

181. Partition of holding. 

182. Transfers in contravention of this Chapter. 

183. Penalty. 

184. Power to make rules. 

PART VI 

CHAPTER XV.—GENERAL AND MISCELLANEOUS 

185. Recovery of amount due as arrear of land revenue. 

186. Protection against eviction or surrender in certain cases. 

187. Special provision regarding Scheduled Tribes. 

188. Jurisdiction of civil courts excluded. 

189. Act to over-ride contracts and other laws. 

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SECTIONS 

190. Court-fees. 

191. Village officers to be public servants. 

192. Power to exempt. 

193. General provision as to penalties. 

194. Protection of action taken in good faith. 

195. Delegation of powers. 

196. Power to remove difficulties. 

197. General power to make rules. 

198. Laying of rules before Parliament. 

199. Repeal and savings. 

       THE SCHEDULE. 

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THE TRIPURA LAND REVENUE AND LAND REFORMS ACT, 1960 

ACT NO. 43 OF 1960 

An  Act  to  consolidate  and  amend  the  law  relating  to  land  revenue  in  the  Union  territory  of 
Tripura and to  provide  for the acquisition of estates and  for  certain  other measures of land 
reform. 

BE it enacted by Parliament in the Eleventh Year of the Republic of India as follows:— 

[21st September, 1960.] 

PART I 

CHAPTER I.—PRELIMINARY 

1. Short title, extent and commencement.—(1) This Act may be called the Tripura Land Revenue 

and Land Reforms Act, 1960. 

(2) It extends to the whole of the Union territory of Tripura. 

(3)  It  shall  come  into  force  on  such  date  as  the  Administrator  may,  by  notification  in  the                   

Official  Gazette,  appoint;  and  different  dates  may  be  appointed  for  different  areas  and  for  different 
provisions of this Act. 

2. Definitions.—In this Act, unless the context otherwise requires,— 

(a) “Administrator” means the Administrator of the Union territory of Tripura; 

(b)  “agriculture”  includes  horticulture,  the  raising  of  annual  or  periodical  crops  or  garden 

produce, dairy farming, poultry farming, stock breeding, grazing and pisciculture; 

(c)  “basic  holding”  means  land  used  for  agricultural  purposes  which  is  equal  to  two  standard 

acres in area; 

(d)  “Collector”  means  the  Collector  of  the  district  and  includes  any  officer  appointed  by  the 
Administrator to exercise and perform all or any of the powers and functions of a Collector under this 
Act; 

(e) “commencement of this Act”, in relation to any provision, means the date specified in respect 

of that provision in a notification under sub-section (3) of section 1; 

(f)  “competent  authority”,  in  relation  to  any  provision,  means  any  officer  appointed  by  the 

Administrator to be the competent authority for the purpose of that provision; 

(g) “family” except in Chapter XIII means, in relation to a person, the wife or husband of such 
person, his children, grandchildren, parents and brothers, and in the case of a Joint Hindu family, any 
member of such family; 

(h)  “family  holding”  means  land  used  for  agricultural  purposes  which  is  equal  to  6.4  standard 

acres in area; 

(i) “Government” means the Central Government; 

(j) “holding” means a parcel of land separately assessed to land revenue; 

(k) “improvement”, in relation to any land, means any work which materially adds to the value of 

the land and which is suitable to the land and consistent with the character thereof and includes— 

(i) the  construction  of  tanks,  wells,  water  channels  and  other  works  for the  storage,  supply 
and distribution of water for agricultural purposes or for the use of man and cattle employed in 
agriculture; 

(ii) the construction of works for the drainage of land or for the protection of land from floods 

or from erosion or from other damage by water; 

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(iii) the preparation of land for irrigation; 

(iv) the conversion of one-crop into two-crop land; 

(v)  the  reclaiming,  clearing,  enclosing,  levelling  or  terracing  of  land  used  for  agricultural 

purposes; 

(vi)  the  erection  on  land  or  in  the  immediate  vicinity  thereof  otherwise  than  on  the  village 
site, of a building or house for the occupation of the under-raiyat, his family and servants or of a 
cattle  shed,  a  store-house  or  other  construction  for  agricultural  purposes  or  of  any  building 
required for the convenient or profitable use or occupation of the land; and 

(vii) the renewal or reconstruction of any of the foregoing works or such alterations therein or 

additions thereto as are not of the nature of ordinary repairs; 

(l)  “minor”  means  a  person  who  is  deemed  not  to  have  attained  majority  under  the                        

Indian Majority Act, 1875 (9 of 1875); 

(m) “Official Gazette” means the Tripura Gazette; 

(n) “pay”, “payable” and “payment”, used with reference to rent, include “deliver”, “deliverable”  

and “delivery”; 

(o) “person under disability” means— 

(i) a widow; 

(ii) a minor; 

(iii) a woman who is unmarried or who, if married,  is divorced or judicially separated from 

her husband or whose husband is a person falling under item (iv) or (v); 

(iv) a member of the Armed Forces of the Union; 

(v) a person incapable of cultivating land by reason of some physical or mental disability; 

(p)  “personal  cultivation”,  with  its  grammatical  variations  and  cognate  expressions,  means 

cultivation by a person on his own account— 

(i) by his own labour, or 

(ii) by the labour of any member of his family, or 

(iii) by servants or by hired labour on wages, payable in cash or in kind but not as a share of 
produce, under his personal supervision or the personal supervision of any member of his family; 

Explanation  I.—Land  shall  not  be  deemed  to  be  cultivated  under the  personal  supervision  of a 
person or a member of his family unless such person or member resides in the village  in which the 
land is situated or in a nearby village situated within a distance to be prescribed, during the major part 
of the agricultural season; 

Explanation  II.—In  the  case  of  a  person  under  disability,  supervision  by  a  paid  employee  on 

behalf of such person shall be deemed to be personal supervision; 

(q) “prescribed” means prescribed by rules made under this Act; 

(r)  “public  purpose”  includes  a  purpose  connected  with  allotment  of  land  to  cultivators,                   

under-raiyats ejected as a result of resumption, land-less agricultural workers or co-operative farming 
societies; 

(s) “raiyat” means a person who owns land for purposes of agriculture paying land revenue to the 

Government and includes the successors-in-interest of such person; 

(t) “rent” means whatever is lawfully payable, in money or in kind, or partly in money and partly 
in kind, whether as a fixed quantity of produce or as a share of the produce, on account of the use or 
occupation of land or on account of any right in land but shall not include land revenue; 

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(u) “standard acre” means one acre of „lunga‟ or „nal‟ or three acres of „tilla‟ land; 

(v) “under-raiyat” means a person who cultivates or holds the land of a raiyat under an agreement, 
express or implied, on condition of paying therefor rent in cash or in kind or delivering a share of the 
produce  and  includes  a  person  who  cultivates  or  holds  land  of  a  raiyat  under  the  system  generally 
known as „bhag’, „adhi’ or „barga’; 

(w)  “village”  means  any  tract  of  land  which,  before  the  commencement  of  this  Act,  was 
recognised as or was declared to be a village under any law for the time being in force or which may 
after  such  commencement  be  recognised  as  a  village  at  any  settlement  or  which  the  Administrator 
may, by notification in the Official Gazette, declare to be a village; 

(x) “year” means the agricultural year commencing on such date as the Administrator may, in the 

case of any specified area, by notification in the Official Gazette, appoint. 

PART II 

CHAPTER II—REVENUE DIVISIONS, REVENUE OFFICERS AND THEIR APPOINTMENT 

3. Power to create, alter or abolish districts, sub-divisions, etc.—(1) The Administrator may, with 
the  previous  concurrence  of  the  Government,  by  notification  in  the  Official  Gazette,  divide  the  Union 
territory  of  Tripura  into  one  or  more  districts,  and  may  similarly  divide  any  district  into  sub-divisions, 
circles and tehsils, and may alter the limits of, or abolish, any district, sub-division, circle or tehsil. 

(2)  The  districts,  sub-divisions,  circles  and  tehsils  existing  at  the  commencement  of  this  Act  shall 
continue respectively to be the districts, sub-divisions, circles and tehsils under this Act unless otherwise 
provided under sub-section (1). 

4. Appointment of revenue officers.—The Government or such other officer as may be authorised 

by the Government in this behalf may appoint the following classes of revenue officers, namely:— 

(a) Collector, 

(b) director of settlement and land records, 

(c) sub-divisional officers, 

(d) survey and settlement officers, 

(e) assistant survey and settlement officers, 

(f) circle officers, 

(g) revenue inspectors, 

(h) tehsildars, 

(i) village accountants and such other village officers and servants as may be specified by rules 

made under this Act. 

5. Collector and certain other revenue officers.—(1) Each district shall be placed under the charge 
of a Collector who shall be in charge of the revenue administration of the district and exercise the powers 
and discharge the duties of the Collector under this Act or any other law for the time being in force and 
shall exercise so far as is consistent therewith such other powers of superintendence and  control within 
the district and over the officers subordinate to him as may from time to time be prescribed. 

(2) Each sub-division shall be placed under the charge of a sub-divisional officer. 

(3) Each circle or tehsil shall be placed under the charge of a circle officer or a tehsildar, as the case 

may be. 

(4) The duties and powers of the sub-divisional officers, the circle officers and other revenue officers 
shall be such as may be imposed or conferred on them by or under this Act or any other law in force for 
the time being or any general or special order of the Administrator published in the Official Gazette. 

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6. Settlement officers.—The officers specified in items (b), (d) and (e) of section 4 shall have power 
to take cognizance of all matters connected with the survey of land and the settlement of the revenue-rates 
and the preparation and maintenance of land records and other registers and shall exercise all such powers 
and perform all such duties as may be prescribed by or under this Act or by any general or special order 
of the Administrator published in the Official Gazette. 

7.  Subordination  of  revenue  officers.—All  revenue  officers  shall  be  subordinate  to  the 
Administrator  and  all  revenue  officers  in  the  district  or  a  sub-division  shall  be  sub  ordinate  to  the 
Collector or the sub-divisional officer, as the case may be. 

8.  Combination  of  offices.—It  shall  be  lawful  for  the  Administrator  to  appoint  one  and  the  same 
person to any two or more of the offices provided for in this Chapter, to make any appointment by virtue 
of office and also to confer on any officer of the Government all or any of the powers and duties of any of 
the revenue officers including the Collector. 

9. Notification of appointments.—All appointments made under this Chapter except  appointments 
of revenue inspectors, tehsildars and village accountants and other village officers and servants shall be 
notified in the Official Gazette. 

10.  Seals.—The  Administrator  shall,  from  time  to  time,  by  notification  in  the  Official  Gazette, 
specify the revenue officers who shall use a seal and also the size and description of the seal which each 
such officer shall use.  

CHAPTER III.—LAND AND LAND REVENUE 

11.  Title  of  Government  to  lands,  etc.—(1)  All  lands,  public  roads,  lanes  and  paths  and  bridges, 
ditches, dikes, and fences on or beside the same, the beds of rivers, streams, nallas, lakes and tanks, and 
all  canals  and  water  courses,  and  all  standing  and  flowing  water,  and  all  rights  in  or  over  the  same  or 
appertaining  thereto,  which  are  not  the  property  of  any  person,  are  and  are  hereby  declared  to  be  the 
property of the Government. 

(2)  Unless it  is  otherwise expressly  provided  in  the  terms  of  a  grant  made  by  the  Government,  the 
right to mines, quarries, minerals and mineral products including mineral oil, natural gas and petroleum 
shall vest in the Government, and it shall have all the powers necessary for the proper enjoyment of such 
rights. 

(3)  Where  any  property  or  any  right  in  or  over  any  property  is  claimed  by  or  on  behalf  of  the 
Government, or by any person as against the Government and the claim is disputed, such dispute shall be 
decided by the Collector whose order shall, subject to the provisions of this Act, be final. 

(4) Any person aggrieved by an order made under sub-section (3) or in appeal or revision therefrom 
may institute a civil suit to contest the order within a period of six months from the date of such order and 
the decision of the civil court shall be binding on the parties. 

12. Right to trees, forests, etc.—(1) The right to all trees, jungles or other natural products growing 
on land set apart for forest reserves and to all trees, brush wood, jungle or other natural product, wherever 
growing, except in so far as the same may be the property of any person, vests in the Government, and 
such trees, brush wood, jungle or other natural product shall be preserved or disposed of in such  manner 
as may be prescribed, keeping in view the interests of the people in the area with regard to the user of the 
natural products. 

(2) All road side trees which have been planted and reared by or under the orders or at the expense of 
the Government and all trees which have been planted and reared at the expense of local authorities by 
the side of any road belonging to the Government vest in the Government. 

13. Assignment of land for special purposes.—Subject to rules made in this behalf under this Act, 
the  Collector  may  set  apart  land  belonging  to  the  Government  for  pasturage  for  the  village  cattle,  for 
forest reserves or for any other purpose. 

14.  Allotment  of  land.—(1)  The  Collector  may  allot  land  belonging  to  the  Government  for 
agricultural  purposes  or  for  construction  of  dwelling  houses,  in  accordance  with  such  rules  as  may  be 
made in this behalf under this Act; and such rules may provide for allotment of land to persons evicted 
under section 15. 

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(2) The Administrator shall have power— 

(a) to allot any such land for the purpose of an industry or for any purpose of public utility on 

such conditions as may be prescribed, or 

(b) to entrust the management of any such land or any rights therein to the gram panchayat of the 

village established under any law for the time being in force. 

15.  Unauthorised  occupation  of land.—(1)  Any  person  who  occupies  or continues to occupy  any 
land  belonging  to  Government  without  lawful  authority  shall  be  regarded  as  a  trespasser  and  may  be 
summarily evicted therefrom by the competent authority and any building or other construction erected or 
anything deposited on such land, if not removed within such reasonable time as such authority may from 
time to time fix for the purpose, shall be liable to be forfeited to the Government and to be disposed of in 
such manner as the competent authority may direct: 

Provided that the competent authority may, in lieu of ordering the forfeiture of any such building or 

other construction, order the demolition of the whole or any part thereof. 

(2) Such trespasser shall also be liable by way of penalty to pay a sum which may extend to six times 
the annual assessment on such land as may be specified by the competent authority and such sum shall be 
recoverable in the same manner as an arrear of land revenue. 

(3) Upon payment of the penalty referred to in sub-section (2), the trespasser shall have the right of 

tending, gathering and removing any ungathered crops. 

16.  Liability  of  land  to  land  revenue.—(1)  All  lands,  to  whatever  purpose  applied,  are  liable  to 

payment of land revenue to the Government. 

(2) The Administrator may exempt any land from the liability to such payment by means of a special 
grant or contract or in accordance with any law for the time being in force or the rules made under this 
Act. 

17. Alluvial lands.—All alluvial lands, newly formed islands, or abandoned river beds, which vest 
under any law for the time being in force in any holder of land shall be subject in respect of liability to 
land revenue to the same privileges, conditions and restrictions as are applicable to the original holding by 
virtue of which such lands, islands or river beds vest in the said holder, but no revenue shall be leviable in 
respect of any such lands, islands or river beds unless the area of the same exceeds one acre. 

18. Land revenue in case of diluvion.—Every holder of land paying land revenue in respect thereof 
shall be entitled, subject to such rules as may be made in this behalf, to a decrease of assessment if any 
portion thereof, not being less than one acre in extent, is lost by diluvion. 

19. Assessment of land revenue.—(1) The assessment of land revenue on any land shall be made, or 

shall be deemed to have been made, with respect to the use of the land— 

(a) for purposes of agriculture; 

(b) for industrial or commercial purposes; 

(c) as sites for dwelling houses; 

(d) for any other purpose. 

(2)  Where,  land  assessed  for  use  for  any  one  purpose  is  diverted  to  any  other  purpose,  the  land 
revenue payable upon such land shall, notwithstanding that the term for which the assessment may have 
been fixed has not expired, be liable to be altered and assessed at a different rate in accordance with the 
rules made under this Act. 

20. Diversion of land.—(1) If any person holding land for any purpose wishes to divert such land or 
any part thereof to any other purpose except agriculture, he shall apply for permission to the competent 
authority who may, subject to the provisions of this section and to the rules made under this Act, refuse 
permission or grant it on such conditions as it may think fit. 

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(2)  Permission  to  divert  may  be  refused  by  the  competent  authority  only  on  the  ground  that  the 
diversion is likely to cause a public nuisance or that it is not in the interest of the general public or that the 
holder is unable or unwilling to comply with the conditions that may be imposed under sub-section (3). 

(3) Conditions may be imposed on diversion for the following objects and no others, namely, in order 
to secure the public health, safety and convenience, and in the case of land which is to be used as building 
sites,  in  order  to  secure  in  addition  that  the  dimensions,  arrangement  and  accessibility  of  the  sites  are 
adequate for the health and convenience of occupiers or are suitable to the locality. 

(4)  If  any  land  has  been  diverted  without  permission  by  the  holder  or  by  any  other  person  with  or 
without the consent of the holder, the competent authority, on receiving information thereof, may impose 
on the person responsible for the diversion a penalty not exceeding one hundred rupees, and may proceed 
in accordance with the provisions of sub-section (1) as if an application for permission to divert has been 
made. 

(5) If any land has been diverted in contravention of an order passed or of a condition imposed under 
any of the foregoing sub-sections, the competent authority may serve a notice on the person responsible 
for such contravention, directing him, within a reasonable period to be stated in the notice, to use the land 
for its original purpose or to observe the condition; and such notice may require such person to remove 
any structure, to fill up any excavation, or to take such other steps as may be required in order that the 
land may be used for its original purpose, or that the condition may be satisfied. The competent authority 
may also impose on such person a penalty not exceeding one hundred rupees for such contravention, and 
a further penalty not exceeding four rupees for each day during which such contravention continues. 

(6) If any person served with a notice under sub-section (5), fails within the period stated in the notice 
to take the steps ordered by the competent authority under that sub-section, the competent authority may 
itself take such steps or cause them to be taken; and any cost incurred in so doing shall be recoverable 
from such person in the same manner as an arrear of land revenue. 

Explanation.—“Diversion”  in  this  section  means  using  land  assessed  to  one  purpose  for  any  other 
purpose,  but  using  land  for  the  purpose  of  agriculture  where  it  is  assessed  with  reference  to  any  other 
purpose shall not be deemed to be diversion.  

21.  Remission  or  suspension  of  revenue  on  failure  of  crops.—The  Administrator  may,  in 
accordance  with  the  rules  made  in  this  behalf  under  this  Act,  grant  a  remission  or  suspension  of  land 
revenue in years in which crops have failed in any area. 

22.  Responsibility  for  payment  of  land  revenue.—(1)  The  following  persons  shall  be  primarily 

liable for the payment of land revenue assessed on land, namely:— 

(a) the person to whom the land belongs; 

(b) the under-raiyat or any other person in possession of the land, provided that such under-raiyat 

or other person shall be entitled to credit from the owner of the land for the amount paid by him; 

(2) Where there are two or more persons liable to pay land revenue under sub-section (1), all of them 

shall be jointly and severally liable for its payment. 

23.  Receipt for land revenue.—Every  revenue  officer  receiving  payment  of land  revenue shall, at 

the time when such payment is received by him, give a written receipt for the same. 

CHAPTER IV.—SURVEY AND SETTLEMENT OF LAND REVENUE 

24.  Definitions  of  “revenue  survey”,  “settlement”  and  “term  of  settlement”.—The  operations 
carried  out  in  accordance  with  the  provisions  of  this  Chapter  in  order  to  determine  or  revise  the  land 
revenue payable on lands in any local area are called a “revenue survey”, the results of the operations are 
called a  “settlement” and the  period during  which  such  results are to  be  in force  is called the  “term  of 
settlement”. 

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25.  Inquiry  into  profits  of  agriculture.—(1)  As  soon  as  may  be  after  the  commencement  of  this 
Act,  the  Administrator  shall  take  steps  to  institute  and  shall  cause  to  be  constantly  maintained,  in 
accordance with the rules made under this Act, an inquiry into the profits of agriculture and into the value 
of land used for agricultural and non-agricultural purposes. 

(2) For the purpose of determining the profits of agriculture, the following matters shall be taken into 

account in estimating the cost of cultivation, namely:— 

(a) the depreciation of stock and buildings; 

(b) the money equivalent of the labour and supervision by the cultivator and his family; 

(c) all other expenses usually incurred in the cultivation of the land which is under inquiry; and 

(d) interest on the cost of buildings and stock, on all expenditure for seed and manure and on the 

cost of agricultural operations paid for in cash. 

26.  Revenue  survey.—Whenever  the  Administrator  thinks  it  expedient  so  to  do,  he  may,  with  the 
approval of the Government, by notification in the Official Gazette, direct the revenue survey of any local 
area  with  a  view  to  the  settlement  of  the  land  revenue  and  to  the  preparation  of  a  record  of  rights 
connected therewith or the revision of any existing settlement or record of rights. 

27. Power  to  require  assistance from  landholders.—A  survey  officer deputed  to  conduct  or  take 
part in any revenue survey may, by special  order or by general notice to be published in the prescribed 
manner,  require the  attendance  of  holders  of  lands  to  assist  in  the  measurement  or  classification  of  the 
lands to which the revenue survey extends and, when hired labour is employed for purposes incidental to 
the revenue survey, may assess and apportion the cost thereof on the lands surveyed, for collection as land 
revenue due on such lands. 

28.  Survey  numbers  and  villages.—Subject  to  the  rules  made  in  this  behalf  under  this  Act,  the 

survey officer may— 

(a) divide the lands to which the revenue survey extends into villages and the villages into plots 

and survey numbers; and 

(b)  recognise  the  existing  villages  and  survey  numbers,  reconstitute  them  or  form  new  survey 

numbers. 

29.  Division  of  survey  numbers  into  sub-divisions.—The  survey  officer  may  sub-divide  survey 

numbers into as many sub-divisions as may be required in the manner prescribed. 

30. Determination of revenue-rates.—The Administrator may at any time direct the determination 

or the revision of the revenue-rates for all lands in any area of which a revenue survey has been made. 

31. Preparation of statistical and fiscal records.—It shall be the duty of the survey officer or the 
settlement officer on the occasion of making or revising a settlement of land revenue to prepare a register 
to be called the “settlement register”, showing the area and assessment of each survey number, with any 
other particulars that may be prescribed, and other records in accordance with such orders as may from 
time to time be made in this behalf by the Administrator.  

32.  Revenue-rates  how  determined.—For  the  purpose  of  determining  the  revenue-rates,  the 
settlement officer may divide any area into units and in forming such units, he shall have regard to the 
physical features, agricultural and economic conditions and trade facilities and communications; and shall 
then  determine  the  revenue-rates  for  different  classes  of  lands  in  each  such  unit  in  the  manner  and 
according to the principles prescribed and in particular, in the case of agricultural land, to the profits of 
agriculture, to the consideration paid for leases, to the sale prices of land and to the principal monies on 
mortgages and in the case of non-agricultural land, to the value of the land for the purpose for which it is 
held. 

33.  Publication  of  table  of  revenue-rates.—(1)  The  settlement  officer  shall  prepare  a  table  of 

revenue-rates in the prescribed form and publish it in the prescribed manner for the prescribed period. 

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(2) Any person objecting to any entry in the table of revenue-rates may present a petition in writing to 
the  settlement  officer  within  the  prescribed  period  and  the  settlement  officer  shall  consider  such 
objections after giving a hearing to the objector. 

(3) The settlement officer shall submit the table of revenue-rates to the Administrator together with a 
summary of objections, if any, his decisions on such objections and a statement of the grounds in support 
of his proposals. 

34. Confirmation of the table of revenue-rates.—(1) The Administrator may confirm the table of 
revenue-rates  submitted  to  him  by  the  settlement  officer  with  such  modifications,  if  any,  as  he  may 
consider necessary. 

(2)  The  table  of  revenue-rates  confirmed  under  sub-section  (1)  shall  be  finally  published  in  the 

Official Gazette. 

35.  Rates  of  revenue  to  form  part  of  settlement  register.—The  table  of  revenue-rates  published 

under section 34 shall be incorporated in and form part of the settlement register of the village. 

36.  Introduction  of  revenue-rates.—When the  revenue-rates are  determined  under  this  Chapter  in 
respect of any area, such rates shall take effect from the beginning of the year next after the date of final 
publication of the table of revenue-rates under section 34. 

37. Duration of revenue-rates.—(1) When the table of revenue-rates for any area has been finally 

published, the rates specified therein shall remain in force for a period of thirty years. 

(2) Notwithstanding anything contained in sub-section (1),— 

(a) revenue-rates may be altered or revised in any year after the expiry of every ten years from the 
date on which the table of revenue-rates was introduced, in such manner and to such extent as may be 
prescribed; 

(b) when the circumstances of a local area are such that a fresh determination of the revenue-rates 
is  in  the  opinion  of  the  Administrator  inexpedient,  he  may  extend  the  term  of  settlement  by  such 
further period as he may think necessary. 

38.  Assessment  on  holdings.—(1)  The  settlement  officer  shall  calculate  the  assessment  on  each 
holding in accordance with the revenue-rates confirmed and finally published under section 34 and such 
assessment shall be the fair assessment. 

(2) The settlement  officer shall  have  the  power to  make  fair assessment on  all lands  whatsoever  to 
which the revenue survey extends, whether such lands are held with liability to pay full land revenue or 
land revenue at concessional rates or are held revenue free. 

(3) The fair assessment of all lands shall be calculated in accordance with rules made in this behalf 

and having regard to the following principles, namely:— 

(a) no regard shall be had to any claim to hold land on privileged terms; 

(b)  regard  shall  be  had  in  the  case  of  agricultural  land  to  the  profits  of  agriculture,  to  the 
consideration paid for leases, to the sale prices of land and to the principal monies on mortgages, and 
in the case of non-agricultural land, to the value of the land for the purpose for which it is held; 

(c) where any improvement has been effected at any time in any holding held for the purpose of 
agriculture  by  or  at  the  expense  of  the  holder  thereof,  the  fair  assessment  of  such  holding  shall  be 
fixed as if the improvement had not been made. 

39.  Additional  assessment  for  water  advantages.—Notwithstanding  anything  contained  in  this 
Chapter,  the  Administrator  may  direct  that  any  land  in  respect  of  which  the  rate  of  revenue  has  been 
determined shall be liable to be assessed to additional land revenue during the term of the settlement for 
additional advantages accruing to it from water received on account of irrigation works or improvements 
in existing irrigation works completed after the table of revenue-rates came into force and not effected by 
or at the expense of the holder of the land. 

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40.  Continuance  of  survey  operations  and  rates 

in 

force  at  commencement  of                                

Act.—Notwithstanding anything contained in this Chapter, all survey operations commenced under any 
law for the time being in force and continuing at the commencement of this Act shall be deemed to have 
been commenced and to be continuing under the provisions of this Chapter, and all revenue-rates in force 
at such commencement shall be deemed to have been determined and introduced in accordance with the 
provisions of this Chapter and shall remain in force until the introduction of revised revenue-rates; and 
such  revised  revenue-rates  may  be  introduced  at  any  time,  notwithstanding  anything  contained  in              
section 37. 

41.  Power  of  Collector  to  correct  errors,  etc.—(1)  The  powers  and  duties  exercisable  by  the 
officers referred to in section 6 may also be exercised, during the term of settlement, by the Collector or 
such other revenue officer as may be specified by the Administrator for the purpose by notification in the 
Official Gazette. 

(2)  The  Collector  may  at  any  time  during  the  term  of  settlement  correct  any  error  in  the  area                          

or  the  assessment  of  any  survey  number  or  sub-division  due  to  a  mistake  of  survey  or  arithmetical 
miscalculation: 

Provided that no arrears of land revenue shall become payable by reason of such correction. 

CHAPTER V.—LAND RECORDS 

42. Preparation of record of rights.—It shall be the duty of the survey officer to prepare a record of 
rights for each village showing the area of each survey number and other particulars and any other record 
or register, in accordance with the rules made under this Act. 

43. Publication of the record of rights.—(1) When a record of rights has been prepared, the survey 
officer shall publish a draft of the record in such manner and for such period as may be prescribed and 
shall receive and consider any objections which may  be made during the period of such publication, to 
any entry therein or to any omission therefrom. 

(2) When all objections have been considered and disposed of in accordance with the rules made in 

this behalf, the survey officer shall cause the record to be finally published in the prescribed manner. 

(3)  Every  entry  in  the  record  of  rights  as  finally  published  shall,  until,  the  contrary  is  proved,  be 

presumed to be correct. 

44.  Jurisdiction  of  civil  courts  to  decide  disputes.—The  civil  courts  shall  have  jurisdiction  to 
decide any dispute to which the Government is not a party relating to any right or entry which is recorded 
in the record of rights. 

45. Correction of bona fide mistake in register.—The survey officer may, on application made to 
him in this behalf or on his own motion, within one year from the date of final publication of the record of 
rights, correct any entry in such record which he is satisfied has been made owing to a bona fide mistake. 

46. Register of mutations.—(1) There shall be maintained for every village a register of mutations in 

such form as may be prescribed. 

(2) Any person acquiring by succession, survivorship, inheritance, partition, purchase, gift, mortgage, 
lease  or  otherwise  any  right  in  land  or,  where  such  person  acquiring  the  right  is  a  minor  or  otherwise 
disqualified,  his  guardian  or  other  person  having  charge  of  his  property,  shall  report  his  acquisition  of 
such right to the village accountant within three months from the date of such acquisition and the village 
accountant  shall  give  at  once  a  written  acknowledgement  in  the  prescribed  form  for  such  report  to  the 
person making it. 

(3) The village accountant shall enter the substance of every report made to him under sub-section (2) 
in the register of mutations and also make an entry therein respecting the acquisition of any right of the 
kind  mentioned  in  sub-section  (2)  which  he  has  reason  to  believe  to  have  taken  place  and  of  which  a 
report has not be made under the said sub-section and, at the same time, shall post up a complete copy of 
the entry in a conspicuous place in the village and shall give written intimation to all persons appearing 
from the record of rights or the register of mutations to be interested in the mutations and to any other 
person whom he has reason to believe to be interested therein. 

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(4) Should any objection to an entry made under sub-section (3) in the register of mutations be made 
either orally or in writing to the village accountant, he shall enter the particulars of the objection in the 
register of disputed cases and shall at once give a written acknowledgement in the prescribed form for the 
objection to the person making it. 

(5)  The  objections  made  under  sub-section  (4)  shall  be  decided  on  the  basis  of  possession  by  the 
competent authority and orders disposing of objections entered in the register of disputed cases shall be 
recorded in the register of mutations by the competent authority. 

(6) After the entries in the register of mutations have been tested and found correct, the entries shall 
be transferred to the record of rights and shall be certified by such officer as may  be prescribed in this 
behalf.  

47.  Penalty  for  neglect  to  afford  information.—The  Collector  may,  if  he  is  of  opinion  that  any 
person  has  wilfully  neglected  to  make  the  report  required  by  section  46  within  the  prescribed  period, 
impose on such person a penalty not exceeding twenty-five rupees. 

48. Assistance in preparation of maps.—Subject to rules made under this Act,— 

(a) any revenue officer may, for the purpose of preparing or revising any map or plan required for 
or  in  connection  with  any  record  or  register  under  this  Chapter,  exercise  any  of  the  powers  of  the 
survey officer under section 27 except the power of assessing the cost of hired labour; and 

(b)  any  revenue  officer  not  below  the  rank  of  sub-divisional  officer  may  assess  the  cost  of  the 
preparation or revision of such maps or plans and all expenses incidental thereto, and such costs and 
expenses shall be recoverable in the same manner as an arrear of land revenue. 

49.  Certified  copies.—Certified  copies  of  entries  in  the  record  of  rights  may  be  granted  by  such 

officers and on payment of such fees as may be prescribed. 

50.  Maps  and  other  records  open  to  inspection.—Subject  to  such  rules  and  on  payment  of  such 
fees, if any,  as  may  be  prescribed, all  maps  and  land  records  shall  be  open to  inspection  by  the  public 
during office hours, and certified extracts therefrom or certified copies thereof may be given to all persons 
applying for the same. 

51. Power to transfer duty of maintaining maps and records to settlement officer.—When a local 
area  is  under  settlement,  the  duty  of  maintaining  the  maps  and  records  may,  under  the  orders  of  the 
Administrator, be transferred from the Collector to the settlement officer. 

CHAPTER VI.—BOUNDARIES AND BOUNDARY MARKS 

52.  Determination  of  village  boundaries.—The  boundaries  of  villages,  survey  numbers,                     

sub-divisions  and  fields  shall  be  fixed,  and  all  disputes  relating  thereto  shall  be  determined,  by  survey 
officers or by such other officers as may be appointed by the Administrator for the purpose, in accordance 
with the rules made in this behalf. 

53. Effect of settlement of boundary.—(1) The settlement of a boundary under this Chapter shall be 

determinative— 

(a) of the proper position of the boundary line or boundary marks; and 

(b)  of  the  rights  of  the  landholders  on  either  side  of  the  boundary  fixed  in  respect  of  the  land 

adjudged to appertain, or not to appertain, to their respective holdings. 

(2)  Where  a  boundary  has  been  so  fixed,  the  Collector  may  at  any  time  summarily  evict  any 
landholder who is wrongfully in possession of any land which has been adjudged in the settlement of a 
boundary  not  to  appertain  to  his  holding  or  to  the  holding  of  any  person  through  or  under  whom  he 
claims. 

54.  Construction  and  repair  of  boundary  marks.—It  shall  be  lawful  for  any  survey  officer 
authorised in this behalf to specify, or cause to be constructed, laid out, maintained or repaired, boundary 
marks  of  villages  or  survey  numbers  or  sub-divisions  and  to  assess all  charges  incurred  thereby  on  the 
holders or others having an interest therein. 

17 

55. Description of boundary marks.—The boundary marks shall be of such description and shall be 
constructed,  laid  out,  maintained  or  repaired  in  such  manner  and  shall  be  of  such  dimensions  and 
materials as may, subject to the rules made under this Act, be determined by the Collector or other officer 
appointed for the purpose. 

56. Responsibilities for maintaining boundary marks.—Every landholder shall be responsible for 
the  maintenance  an  good  repair  of  the  boundary  marks  of  his  holding  and  for  any  charge  reasonably 
incurred on account of the same by the revenue officers in case of alteration, removal or disrepair. It shall 
be the duty of the village officers and servants to prevent the destruction or unauthorised alteration of the 
village boundary marks. 

57. Collector to have charge of boundary marks.—After the introduction of survey and settlement 
in a district, the charge of the boundary marks shall devolve on the Collector and it shall be his duty to 
take measures for their construction, laying out, maintenance and repair. 

58.  Penalty  for  injuring  boundary  marks.—Any  person  wilfully  erasing,  removing  or  injuring  a 
boundary mark shall be liable to such penalty not exceeding fifty rupees as the competent authority may 
impose. 

CHAPTER VII.—REALISATION OF LAND REVENUE AND OTHER PUBLIC DEMANDS 

59. Land revenue to be first charge.—Land revenue assessed on any land shall be the first charge 

on that land and on the crops, rents and profits thereof. 

60. Payment of land revenue.—Land revenue shall be payable at such times, in such instalments, to 

such persons, and at such places, as may be prescribed. 

61. Arrear of land revenue.—(1) Any instalment of land revenue or part thereof which is not paid 
on the due date shall become an arrear of land revenue and the person responsible for the payment shall 
become a defaulter. 

(2)  A  statement  of  account  certified  by  the  circle  officer  shall,  for  the  purpose  of  this  Chapter,  be 

conclusive evidence of the existence of the arrear, of its amount and of the person who is the defaulter: 

Provided  that  nothing  in  this  sub-section  shall  prejudice  the  right  of  such  person  to  make  payment 
under protest and to question the correctness of the account in separate proceedings before the competent 
authority. 

62. Recovery of arrears.—An arrear of land revenue may be recovered by any one or more of the 

following processes, namely:— 

(a) by serving a written notice of demand on the defaulter; 

(b) by distraint and sale of the defaulter‟s movable property, including the produce of the land; 

(c) by the attachment and sale of the defaulter‟s immovable property. 

63. Notice of demand.—The form and contents of the notice of demand and the officers by  whom 

such notices shall be issued shall be such as may be prescribed. 

64. Distraint and sale of movable property.—(1) The distraint and sale of the movable property of 
a defaulter shall be made by such officers or class of officers, in such manner and in accordance with such 
procedure, as may be prescribed. 

(2) Nothing in sub-section (1) shall be deemed to authorise the distraint or sale of any property which, 
under the Code of Civil Procedure, 1908 (5 of 1908), is exempt from attachment or sale in execution of a 
decree or of any article set aside exclusively for religious use. 

65. Sale of immovable property.—(1) When the Collector is of opinion that the processes referred 
to in clauses (a) and (b) of section 62 are not sufficient for the recovery of an arrear, he may, in addition 
to or instead of any of those processes, cause the land in respect of which such arrear is due to be attached 
and sold in the prescribed manner. 

18 

(2) The Collector may also cause the right, title and interest of the defaulter in any other immovable 

property to be similarly attached and sold. 

66. Notice of sale.—(1) Before effecting the sale of any land or other immovable property under the 
provisions of this Chapter, the Collector or other officer empowered in this behalf shall issue such notices 
and proclamations, in such form, in such manner and containing such particulars, as may be prescribed; 
the notices and proclamations shall also be published in such manner as may be prescribed. 

(2)  A  copy  of  every  notice  or  proclamation  issued  under  sub-section  (1)  shall  be  served  on  the 

defaulter. 

67. Sale to be by auction.—All sales of property, movable or immovable, under this Chapter shall be 

by public auction held in accordance with such rules as may be prescribed. 

68. Prohibition to bid at auction.—No officer having any duty to perform in connection with any 
such sale and no person employed by or subordinate to such officer shall, either directly or indirectly, bid 
for or acquire any property except on behalf of the Government. 

69.  Sale  of  perishables.—Perishable  articles  shall  be  sold  by  auction  with  the  least  possible  delay 

and such sale shall be finally concluded by the officer conducting the sale. 

70. Sales not to be excessive.—Every sale of property, movable or immovable, under the provisions 
of this Chapter shall, as far as may be practicable, be proportionate to the amount of the arrear of land 
revenue to be recovered together with the interest thereon and the expenses of attachment and sale. 

71. Deposit by purchaser of immovable property.—In all cases of sale of immovable property, the 
party  who  is  declared  to  be  the  purchaser  shall  be  required  to  deposit  immediately  25  per  cent.  of  the 
amount of his bid, and the balance within fifteen days of the date of sale. 

72. Failure to make deposit.—(1) In default of the payment of deposit referred to in section 71, the 
property  shall  be put up  for  re-sale  and the  expenses incurred  in  connection  with  the  first  sale  shall  be 
borne by the defaulting bidder. 

(2) In default of payment of the balance of the bid amount within the period prescribed in section 71, 
the deposit after defraying therefrom the expenses of the sale shall be forfeited to the Government and the 
property shall be re-sold. 

(3)  Where  the  proceeds  of  the  re-sale  are  less  than  the  price  bid  by  such  defaulting  purchaser,  the 

difference shall also be recoverable from him in the same manner as an arrear of land revenue. 

73. Setting aside sale.—Where immovable property has been sold under this Chapter, the defaulter, 
or any person owning such property or holding an interest therein, may, at any time, within thirty days of 
the date of sale or within such further period not exceeding thirty days as the Collector may for sufficient 
cause allow, apply in the prescribed manner to the Collector to have the sale set aside— 

(a) on the ground of some material irregularity or mistake or fraud resulting in substantial loss or 

injury to him, or 

(b)  on  his  depositing  in  the  Collector‟s  office  the  amount  of  the  arrear  specified  in  the 
proclamation of sale, the cost of the sale and for payment to the purchaser, a sum equal to 5 per cent. 
of the purchase money. 

74.  Confirmation  of  sale.—If,  on  the  expiration  of  thirty  days  from  the  date  of  sale  of  any 
immovable  property  or  of the further  period,  if  any, allowed  under section  73, no  application  has  been 
made for setting aside the sale, or if any such application has been made and rejected, the Collector shall 
make  an  order  confirming  the  sale  unless,  for  reasons  to  be  recorded,  the  Collector  sets  aside  the  sale 
notwithstanding that no application therefor has been made. 

75. Refunds.—(1) The Collector shall order the refund and payment to me purchaser, of— 

(a) the amounts deposited by him under section 71; and 

(b) the sum equal to 5 per cent. of the purchase money deposited under clause (b) of section 73; 

if the sale is not confirmed or is set aside. 

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(2) The Collector shall order the refund and payment of all the moneys deposited under clause (b) of 

section 73 to the person who made the deposit, if the sale is confirmed: 

Provided that the Collector may set off the whole or any part of any such moneys against any arrears 
of land revenue or any other arrear recoverable as an arrear of land revenue, which may be outsantanding 
against the person who made the deposit. 

76. Certificate of purchase.—When a sale held under this Chapter is confirmed, the Collector shall 
put the person declared to be the purchaser in possession of the property and shall grant him a certificate 
in  the  prescribed  form  to  the  effect  that  he  has  purchased  the  property  specified  therein,  and  such 
certificate shall be deemed to be a valid transfer of such property. 

77. Application of proceeds of sale.—The proceeds of the sale of any property under this Chapter 
shall be applied in defraying the expenses of the sale which shall be determined in the prescribed manner 
and the balance shall be applied to the payment of the arrears on account of which the sale was held and 
the surplus, if any, shall be paid to the person whose property has been sold. 

78.  Liability  of  certified  purchaser.—The  person  who  has  purchased  any  land  and  to  whom  a 
certificate of purchase has been granted shall not be liable for the land revenue in respect of the land for 
any period prior to the date of the sale. 

79.  Precautionary  measures  in  certain  cases.—When  the  crop  of  any  land  or  any  portion  of  the 
same is sold, mortgaged or otherwise disposed of, the Collector may, if he thinks it necessary, prevent its 
being  removed  from  the  land  until  the  demand  for  the  current  year  in  respect  of  the  said  land  is  paid 
whether the date fixed for the payment of the same has arrived or not. 

80. Recovery of other public demands.—The following moneys may be recovered under this Act in 

the same manner as an arrear of land revenue, namely:— 

(a) rent, fees and royalties due to the Government for use or occupation of land or water or any 

product of land; 

(b) all moneys falling due to the Government under any grant, lease or contract which  provides 

that they shall be re-coverable as arrears of land revenue; 

(c) all sums declared by this Act or any other law for the time being in force to be recoverable as 

an arrear of land revenue. 

CHAPTER VIII.—PROCEDURE OF REVENUE OFFICERS: APPEALS AND REVISIONS 

81. Revenue officers to be courts.—(1) A revenue officer, while exercising power under this Act or 
any  other  law  for  the  time  being  in  force  to  inquire  into  or  to  decide  any  question  arising  for 
determination between the Government and any person or between parties to any proceedings, shall be a 
revenue court. 

(2) Nothing in this Act shall be deemed to limit or otherwise affect the inherent power of the revenue 
court  to  make  such  orders  as  may  be  necessary  for  the  ends  of  justice  or  to  prevent  the  abuse  of  the 
process of the revenue court. 

82. Place of hearing.—Except for reasons to be recorded in writing, no revenue officer shall inquire 

into or hear any case at any place outside the local limits of his jurisdiction: 

Provided  that  a  sub-divisional  officer  may  inquire  into  or  hear  any  case  at  the  headquarters  of  the 

district to which he is appointed. 

83.  Power  to  enter  upon  and  survey  land.—All  revenue  officers  and  persons  acting  under  their 
orders may enter upon and survey any land and demarcate boundaries and do all other acts necessary for 
the purpose of discharging their duties under this Act or any other law for the time being in force and in 
so doing, shall cause no more damage than the circumstances of the case may require. 

84. Power to transfer cases.—(1) The Administrator may transfer any case or class of cases arising 
under this Act or any other law for the time being in force from any revenue officer to any other revenue 
officer competent to deal with it. 

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(2) The Collector or a sub-divisional officer may transfer any case or class of cases arising under this 
Act or any other law for the time being in force for inquiry or decision from his own file or from the file 
of  any  revenue  officer  subordinate  to  him  to  the  file  of  any  other  revenue  officer  subordinate  to  him 
competent to deal with such case or class of cases. 

85. Power to take evidence, summon witnesses, etc.—(1) Every revenue officer not lower in rank 
than  a  circle  officer  acting  as  a  revenue  court  shall  have  power  to  take  evidence  and  to  summon  any 
person  whose  attendance  he  considers  necessary,  either  as  a  party  or  as  a  witness  or  to  produce  any 
document,  for  the  purpose  of  any  inquiry  which  such  officer  is  legally  empowered  to  make;  and  all 
persons so summoned shall be bound to attend either in person or by an authorised agent as such officer 
may direct, and to produce such documents as may be required. 

(2) Every summons shall be in writing, signed and sealed by the officer issuing it and shall be in such 

form and be served in such manner as may be prescribed. 

86. Compelling attendance of witnesses.—If any person on whom a summons to attend as witness 
or to produce any document has been served fails to comply with the summons, the officer by whom the 
summons has been issued under section 85 may— 

(a) issue a bailable warrant of arrest; 

(b) order him to furnish security for appearance; or 

(c) impose upon him a fine not exceeding rupees twenty. 

87.  Hearing  in  absence  of  party.—(1)  If,  on  the  date  fixed  for  hearing  a  case  or  proceeding,  a 
revenue  officer  finds  that  a  summons  or  notice  was  not  served  on  any  party  due  to  the  failure  of  the 
opposite party to pay the requisite process fees for such service, the case or proceeding may be dismissed 
for default of payment of such process fees. 

(2) If any party to a case or proceeding before a revenue officer does not appear on the date fixed for 

hearing, the case may be heard and determined in his absence or may be dismissed for default. 

(3) The party against whom any order is passed under sub-section (1) or (2) may apply, within thirty 
days from the date of such order, to have it set aside on the ground that he was prevented by sufficient 
cause  from  paying  the  requisite  process  fees  or  from  appearing  at  the  hearing;  and  the  revenue  officer 
may, after notice to the opposite party and after making such inquiry as he considers necessary, set aside 
the order passed. 

88.  Adjournment  of  hearing.—(1)  A  revenue  officer  may,  from  time  to  time,  for  reasons  to  be 

recorded, adjourn the hearing of a case or proceeding before him. 

(2) The date and place of an adjourned hearing shall be intimated at the time of the adjournment to 

such of the parties and witnesses as are present. 

89.  Power  to  order  payment  of  costs.—A  revenue  officer  may  direct  the  parties  to  pay  the  cost 
incurred in any case before him and also apportion the cost among the parties in such manner and to such 
extent as he may think fit. 

90.  Use  of  force.—Where  any  order  is  passed  under  this  Act  directing  any  person  to  deliver 
possession of land or directing the eviction of any person from land, such order shall be executed by the 
competent  authority  in  such  manner  as  may  be  prescribed  and  it  shall  be  lawful  for  such  authority,  in 
accordance with rules to be prescribed, to take such steps and use or cause to be used such force as may 
be reasonably necessary for securing compliance with the order. 

91.  Appearances  before  and  applications  to  revenue  officers.—All  appearances  before, 
applications to, and acts to be done before, any revenue officer under this Act or any other law for the 
time being in force may be made or done by the parties themselves or by their authorised agents or by any 
legal practitioner: 

Provided  that  any  such  appearance  shall,  if  the  revenue  officer  so  directs,  be  made  by  the  party  in 

person. 

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92. Correction of error or omission.—Any revenue officer by whom an order was passed in a case 
or  proceeding  may,  either  on  his  own  motion  or  on  the  application  of  a  party,  correct  any  error  or 
omission not affecting a material part of the case or proceeding, after such notice to the parties as he may 
consider necessary. 

93. Appeals.—(1) Save as otherwise expressly provided, an appeal shall lie from every original order 

passed under this Act,— 

(a)  if  such  an  order  is  passed  by  an  officer  subordinate  to  the  sub-divisional  officer,  to  the           

sub-divisional officer; 

(b) if such an order is passed by the sub-divisional officer, to the Collector; 

(c) if such an order is passed by the Collector, to the Administrator; 

(d)  if  such  an  order  is  passed  by  an  assistant  survey  and  settlement  officer,  to  the  survey  and 
settlement officer or to a revenue officer notified by the Administrator in the Official Gazette to  be 
the appellate authority; and 

(e) if such an order is passed by a survey and settlement officer, to the director of settlement and 
land  records  or  to  a  revenue  officer  notified  by  the  Administrator  in  the  Official  Gazette  to  be  the 
appellate authority. 

(2) A second appeal shall lie against any order passed In first appeal,— 

(a) if such an order is passed under clause (a) of sub-section (1) to the Collector; 

(b) if such an order is passed under clause (b) of sub-section (1), to the Administrator; 

(c) if such an order is passed under clause (d) of sub-section (1), to the director of settlement and 
land  records  or  to  a  revenue  officer  notified  by  the  Administrator  in  the  Official  Gazette  to  be  the 
second appellate authority; and 

(d) If such an order is passed under clause (e) of sub-section (1), to the Administrator. 

94. Limitation of appeals.—(1) No appeal shall lie,— 

(a) in the case of a first appeal, after the expiry of thirty days from the date of the order appealed 

against; and 

(b)  in  the  case  of  a  second  appeal,  after  the  expiry  of  sixty  days  from  the  date  of  the  order 

appealed against. 

(2) In computing the above periods, the time required to obtain copies of the order appealed against 

shall be excluded. 

95. Revision.—The Administrator or the Collector may, at any time, either on his own motion, or on 
the  application  of  any  party,  can  for  the  records  of  any  proceedings  before  any  revenue  officer 
subordinate to him for the purpose of satisfying himself as to the legality or the propriety of any order 
passed by such revenue officer, and may pass such order in reference thereto as he thinks fit: 

Provided  that  he  shall  not  vary  or  reverse  any  order  affecting  any  right  between  private  persons 

without having given to the parties interested notice to appear and be heard. 

96. Review of orders.—(1) A revenue officer may, either on his own motion or on the application of 
any party interested, review any order passed by himself or by any of his predecessors-in-office and pass 
such order in reference thereto as he thinks fit: 

Provided that a revenue officer subordinate to the Collector shall, before reviewing any order under 
this  section,  obtain  the  permission  of  the  Collector  and  the  Collector  shall,  before  reviewing  an  order 
passed by any of his predecessors-in-office obtain the permission of the Administrator. 

(2) No order affecting any question of right between private persons shall be reviewed except on the 
application of a party to the proceedings or except after notice to the other party and no application for the 
review of such order shall be entertained unless it is made within ninety days from the date of the order. 

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(3) No order shall be reviewed except on the following grounds, namely:— 

(i) discovery of new and important matter of evidence; 

(ii) some mistake or error apparent on the face of the record; or 

(iii) any other sufficient reason. 

(4) For the purposes of this section, the Collector shall be deemed to be the successor-in-office of any 
revenue officer who has left the district or who has ceased to exercise powers as a revenue officer and to 
whom there is no successor in the district. 

(5) An order which has been dealt with in appeal or on revision shall not be reviewed by any officer 

subordinate to the appellate or revisional authority. 

97.  Stay  of  execution  of  orders.—(1)  A  revenue  officer  who  has  passed  any  order  or  his                 

successor-in-office may, at any time before the expiry of the period prescribed for appeal, direct the stay 
of execution of such order for such period as he thinks fit provided that no appeal has been filed. 

(2)  Any  authority  before  whom  a  case  is  pending  in  appeal  or  revision  may  direct  the  stay  of 

execution of the order appealed from or under revision for such period as it may think fit. 

(3) The revenue officer or other authority directing such stay of execution of any order may impose 

such conditions, or order such security to be furnished, as he or it may think fit. 

98. Power to make rules.—(1) The Administrator may, by notification in the Official Gazette, make 

rules for carrying out the purposes of this Part. 

(2)  In  particular  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for— 

(a)  the  manner  of  appointment  of  revenue  officers,  survey  officers  and  settlement  officers,  and 
other  village  officers  and  servants, their  powers and duties, the  official seals, if  any,  to  be  used  by 
them and the size and description of the seals; 

(b) the Collector‟s powers of superintendence and control over other officers; 

(c)  the  officers  who  should  hear  and  decide  disputes  regarding  rights  in  or  over  any  property 

claimed by or against the Government and the procedure to be followed by them; 

(d) the disposal of Government lands by assignment or grant to individuals or to public purposes 

and the terms and conditions subject to which such assignments or grants may be made; 

(e)  the  preservation  and  disposal  of  trees,  brush,  wood,  jungle  and  other  natural  products  on 
Government  land  and  the  recovery  of  the  value  of  trees  or  other  natural  product  unauthorisedly 
appropriated by persons; 

(f) the procedure for summary eviction of trespassers on Government land; 

(g) the alteration and revision of the land revenue in cases of alluvion or diluvion or of diversion 

of land for purposes other than agriculture; 

(h) the grant of permission to use agricultural land for non- agricultural purposes; 

(i) the determination of additional rates for use of water; 

(j) the circumstances in which remission or suspension of revenue may be made and the rate of 

such remission or suspension; 

(k) the form of receipt for payment of land revenue; 

(l) the conduct of surveys and settlements of land revenue; 

(m) the manner of estimating the cost of cultivation and other expenses in relation to the inquiry 

into profits of agriculture; 

(n) the division of survey numbers into sub-divisions and the assessment of sub-divisions; 

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(o) the statistical, fiscal and other records and registers to be prepared and maintained under this 

Part; 

(p) the manner in which the costs and expenses incidental to revenue survey or the construction, 
repair and maintenance of boundary marks shall be determined and apportioned between persons who 
are liable to bear the same; 

(q)  the  fixing,  construction,  laying  out,  maintenance  and  repair  of  boundary  marks,  and  the 

settlement of disputes relating thereto; 

(r)  the  division  of  areas  into  units  for  determining  the  revenue-rates  and  the  preparation  of  the 

table of revenue-rates; 

(s) the preparation and the preliminary and final publication of the record of rights and the table 

of revenue-rates; 

(t) the hearing and disposal of objections to any entry or omission in the table of revenue-rates, 

the record of rights, and the register of mutations; 

(u) the manner and extent of alteration or revision of revenue-rates during the term of settlement; 

(v)  the  correction  of  bona  fide  errors  and  mistakes  in  the  revenue  records,  registers  and  maps 

prepared under this Part; 

(w) the manner in which the average yield of crops of land shall be ascertained; 

(x) the manner of holding inquiries by revenue officers under this Part; 

(y) the application of the provisions of the Code of Civil Procedure, 1908 (5 of 1908), to cases 

and proceedings before a revenue court; 

(z) the form of summons and other processes, notices, orders and proclamations to be issued or 

made by revenue officers and the manner of their service; 

(aa) the procedure for the attachment and sale of  property and the confirmation and the setting 

aside of sales of immovable property under Chapter VII; 

(bb) the manner of publication of notices and proclamations of attachment and sale of property; 

(cc) the manner in which the cost and expenses incidental to the attachment and sale of property 

shall be determined; 

(dd) the manner of payment of deposit and of the purchase money of property sold for arrears of 

land revenue; 

(ee)  the  circumstances  in  which  precautionary  measures  for  securing  the  land  revenue  under 

section 79 may be taken; 

(ff) the procedure for the transfer of cases from one revenue officer to another; 

(gg)  the  manner  of  preferring  appeals  or  applications  for  revision  or  review,  the  documents  to 

accompany the memorandum of appeal or such application and the fee, if any, leviable therefor; 

(hh)  the  grant  of  certified  copies  and  the  payment  of  fees  for  inspection  and  grant  of  certified 

copies of revenue records and registers; 

(ii) the mode of execution of any orders directing any person to deliver possession of land or to 

be evicted from land, including the use of force for securing compliance with such order; 

(jj) any other matter which is to be or may be prescribed. 

PART III 

CHAPTER IX—RIGHTS OF RAIYATS IN LAND 

99. Rights of raiyats.—(1) For the removal of doubts, it is hereby declared that subject to the other 

provisions of this Act,— 

(a) the rights of a raiyat in his land shall be permanent, heritable and transferable; 

24 

(b)  the  raiyat  shall  be  entitled  by  himself,  his  servants,  under-raiyats,  agents  or  other 
representatives to erect farm buildings, construct wells or tanks or make other improvements thereon 
for the better cultivation of the land or its convenient or profitable use; 

(c) the raiyat is entitled to plant trees on his land, to enjoy the products thereof and to fell, utilise 

or dispose of the timber of any trees on his land. 

(2) Nothing in sub-section (1) shall entitle a raiyat to use his land to the detriment of any adjoining 
land which is not his or  in contravention of the provisions of any other law for the time being in force 
applicable to such lands. 

100. Reservation of land for personal cultivation.—(1) Every raiyat who, at the commencement of 
this Act, owns land in excess of a basic holding shall be entitled to apply to the competent authority for 
the reservation for his personal cultivation of any parcel or parcels of his land leased to under-raiyats. 

(2) Every application under sub-section (1) shall be in the prescribed form and shall be made in the 

prescribed manner within a period of one year from the commencement of this Act. 

Explanation.—In the case of a person under disability, the application shall be made by his guardian 

or his authorised agent, as the case may be. 

101.  Procedure  for  reservation  of  lands.—(1)  The  competent  authority  shall,  on  an  application 
made under section 100, issue notice together with a copy of the application to each of the under-raiyats 
holding land from the applicant requiring the under-raiyat to submit his objections, if any, within a period 
of  ninety  days  from  the  date  of  service  of  such  notice  or  within  such  further  period  as  the  competent 
authority may allow. 

(2)  An  under-raiyat  on  whom  a  notice  has  been  served  under  sub-section  (1),  shall  furnish  to  the 
competent authority within the period aforesaid details of lands owned by him or held as under-raiyat of 
any other raiyat and of lands which he selects for retention by him. 

(3) The competent authority shall, after considering the objections and the details, if any, furnished by 
the under-raiyats and after making such inquiry as it may consider necessary, determine the land or lands, 
not exceeding the permissible limit, which in its opinion having regard to all the circumstances of the case 
may be reserved for personal cultivation of the raiyat and the lands which each of his under-raiyats may 
be allowed to retain. 

102.  “Permissible  limit”  defined.—(1)  In  section  101,  “permissible  limit”  means  an  area  of  land 

which a raiyat may resume from under-raiyats for personal cultivation, that is to say,— 

(a) in the case of a person under disability, 25 standard acres; 

(b) in the case of any other person who— 

(i) owns a basic holding or less, the entire area owned by him; 

(ii) owns more than a basic holding but not exceeding a family holding, one-half of the area 
leased to under-raiyats or the area by which the land under his personal cultivation falls short of a 
basic holding, whichever is greater; 

(iii) owns more than a family-holding,— 

(1) if he has no land, or any land which is less than a family holding, under his personal 
cultivation, one-half of the area leased to under-raiyats but not exceeding the area by which 
land under  his  personal  cultivation  falls  short  of  a  family  holding,  provided  that  the  under-
raiyat is left with not less than a basic holding and provided further that a raiyat shall in any 
case be entitled to resume an area by which land under his personal cultivation falls short of a 
basic holding; and 

(2) if he has a family holding or more  under his personal cultivation, the area leased to 
under-raiyats but not exceeding the area by which land in his personal cultivation falls short 
of 25 standard acres, provided that the under-raiyat is left with not less than a family holding. 

25 

Explanation.—For  the  purpose  of  determining  the  permissible  limit  of  a  raiyat  under  this                     

sub-section,  any  non-resumable  land  which  he  may  hold  as  an  under-raiyat  shall  also  be  taken  into 
account. 

(2)  Notwithstanding  anything  contained  in  sub-section  (1),  an  under-raiyat  who  under  any  law, 
custom or usage is not liable to eviction at the commencement of this Act on the ground that the land is 
required for personal cultivation, shall in all cases be left with a basic holding or the land actually held by 
him, whichever is less. 

(3) Any transfer of land made on or after the 10th August, 1957 shall be disregarded in computing the 

permissible limit. 

103. Land deemed to be reserved for personal cultivation in certain cases.—In the case of a raiyat 
who at the commencement of this Act does not own land in excess of a basic holding, all lands owned by 
him and held by under-raiyats at such commencement shall, subject to the provisions of sub-section (2) of 
section 102, be deemed to have been reserved for his personal cultivation. 

Explanation.—Any transfer of land made on or after the 10th August, 1957 shall be disregarded in 

determining the extent of land owned by a raiyat at the commencement of this Act. 

104.  Non-resumable  land.—The  competent  authority  shall  declare  every  land  which,  under                    

sub-section (3) of section 101, an under-raiyat is allowed to retain to be the non-resumable land of the 
under-raiyat. 

105.  Right  to  lease.—(1)  Subject  to  the  provisions  of  this  Act,  a  raiyat  may  lease  out  his  land  to 
another person on such rent not exceeding the maximum rent referred to in section 111 as may be agreed 
upon between him and such person. 

(2) Every lease of land made after the commencement of this Act shall be for a period of five years 
and at the end of the said period, and thereafter at the end of every such period of five years, the tenancy 
shall, subject to the provisions of sub-section (3), be deemed to be renewed for a further period of five 
years on the same terms and conditions except to the extent that a modification thereof consistent with 
this Act is agreed to by both parties. 

(3) In respect of any lease made after the commencement of this Act, a raiyat who is a member of the 
Armed Forces of the Union, on his discharge from service or posting to the reserve, may by giving the 
under-raiyat three months‟ notice in writing before the expiry of any year, and any other raiyat may by 
giving the under-raiyat one year‟s notice in writing before the expiry of any term of five years, terminate 
the tenancy if the raiyat requires the land bona fide for personal cultivation by him. 

106.  Land  left  uncultivated.—(1)  Where  the  Collector  is  satisfied  that  any  land  has  remained 
uncultivated for a period of not less than two consecutive years otherwise than in accordance with rules 
made  in  this  behalf  under  this  Act,  and  that  it  is  necessary  for  the  purpose  of  ensuring  the  full  and 
efficient use of the land for agriculture to do so, he may after making such inquiry as may be prescribed 
lease out the land in accordance with the rules made under this Act. 

(2)  Any  lease  made  under  sub-section  (1)  shall  be  deemed  to  be  a  lease  made  by  the  raiyat  under             

sub-section (1) of section 105. 

107.  Relinquishment.—(1)  Subject  to  any  rules  that  may  be  made  under  this  Act,  a  raiyat  may 
relinquish his rights in respect of any land in his possession in favour of Government by giving a notice in 
writing  to  the  competent  authority  in  such  form  and  manner  as  may  be  prescribed,  not  less  than  three 
months before the close of any year and thereupon he shall cease to be a raiyat in respect of that land from 
the year next following the date of notice: 

Provided that relinquishment of only a part of a holding or of a holding which, or part of which, is 

subject to an encumbrance or a charge, shall not be valid. 

(2) If any person relinquishes his rights to a land under sub-section (1), the way to which lies through 
other land retained by him, any future holder of the land relinquished shall be entitled to a right of way 
through the land retained. 

26 

CHAPTER X.—RIGHTS OF UNDER-RAIYATS 

108. Interest of under-raiyats.—(1) The interest of an under-raiyat in any land held by him as such 

shall be heritable but, save as otherwise provided in this Act, shall not be transferable. 

(2) No under-raiyat shall be evicted from his land except as provided in this Act. 

109. Right to create a mortgage or charge.—It shall be lawful for an under-raiyat to create a simple 

mortgage  or  a  charge  on  his  interest  in  the  land  leased  to  him,  in  favour  of  the  Government  or  a                    
co-operative  society  in  consideration  of  any  loan  advanced to  him  by  the  Government  or  such society; 
and in the event of his making default in the repayment of such loan in accordance with its terms, it shall 
be lawful for the Government or the society, as the case may be, to cause his interest in the land to be 
attached and sold and the proceeds applied in payment of such loan. 

110.  Right  to  make  improvements.—An  under-raiyat  may,  with  the  permission  in  writing  of  the 
raiyat,  or  if  permission  is  refused  without  sufficient  reason  or  is  not  given  within  two  months,  after 
obtaining the orders of the competent authority in the prescribed manner, make at his own expense any 
improvement to the land held by him, but shall not become liable to pay a higher rate of rent on account 
of any increase of production or of any change in the nature of the crop raised, as a consequence of such 
improvement. 

111. Maximum rent.—The rent payable by an under-raiyat in respect of any land held by him shall 

not exceed,— 

(a) where the rent is payable in kind as a share of the produce, one-fourth of the produce of such 
land or its value estimated in the prescribed manner if plough cattle for the cultivation of such land is 
supplied by the raiyat and one-fifth of such produce or its value as so estimated if plough cattle is not 
supplied by the raiyat; 

(b) in any other case, four times the land revenue payable in respect of the land. 

112. Payment  of rent.—(1) The  rent  payable  by  an under-raiyat shall,  subject to the  provisions  of 
section 111, be the rent agreed upon between him and the raiyat, or where there is no such agreement, the 
reasonable rent. 

(2) The rent shall be paid at such times and in such manner as may have been agreed upon, or in the 

absence of such agreement, as may be prescribed. 

113. Reasonable rent.—(1) The competent authority may, on application made to it in this behalf by 

the raiyat or the under-raiyat, determine the reasonable rent for any land. 

(2) The form of application under sub-section (1) and the procedure to be followed by the competent 

authority shall be such as may be prescribed. 

(3) In determining the reasonable rent, the competent authority shall have regard to— 

(a) the rental value of lands used for similar purposes in the locality; 

(b) the profits of agriculture of similar lands in the locality; 

(c) the price of crops and commodities in the locality; 

(d) the improvements, if any, made to the land by the raiyat or the under-raiyat; 

(e) the land revenue payable in respect of the land; and 

(f) any other factor which may be prescribed. 

(4)  Where  the  reasonable  rent  for  any  land  has  been  determined  under  this  section,  it  shall  not  be 

altered for a period of five years except on any of the following grounds, namely:— 

(a) that the quality of the land has deteriorated by flood or other natural causes; 

(b) that there has been an increase in the produce of the land on account of improvements made to 

it at the expense of the raiyat; 

27 

(c) that the extent of land has been altered by more than one acre by alluvion or diluvion. 

(d) that the land has been partially or wholly rendered unfit for cultivation. 

(5)  Nothing  in  sub-sections  (1)  to  (4)  shall  affect  the  right  of  the  Government  to  make  an  order 

directing the determination of the reasonable rent of lands in any specified area. 

114. Commutation of rent payable in kind.—(1) In any case in which rent is payable in kind, the 
raiyat  or  the  under-raiyat  may  apply  in  writing  to  the  competent  authority  in  the  prescribed  form  and 
manner, for commuting the rent into money rent. 

(2) On receipt of such application, the competent authority shall, after giving notice to the other party, 
determine  the  money  rent  payable  for  the  land  in  accordance  with  the  following  provisions  but  not 
exceeding the maximum rent specified in section 111. 

(3) In determining the money rent, regard shall be had to— 

(a)  the  average  money  rent  payable  by  under-raiyats  for  land  of  similar  description  and  with 

similar advantages in the vicinity; 

(b) the average value of the rent for the land actually received by the raiyat during the three years 

preceding the date of application; 

(c) the average prices of crops and commodities in the locality during the three years preceding 

the date of application; 

(d) the improvements, if any, made to the land by the raiyat or the under-raiyat; and 

(e) any other factor which may be prescribed. 

115. Receipt for payment of rent.—Every raiyat shall give or cause to be given a receipt for the rent 
received by him or on his behalf in such form as may be prescribed duly signed by him or his authorised 
agent. 

116. Refund of rent recovered in excess.—If any raiyat recovers from an under-raiyat rent in excess 
of the amount due under this Act, he shall forthwith refund the excess amount so recovered and shall also 
be liable to punishment as provided in this Act. 

117. Suspension or remission of rent.—(1) Where a raiyat has obtained from or been granted by the 
Government  any  relief  by  way  of  suspension  or  remission,  whether  in  whole  or  in  part,  of  the  land 
revenue payable in respect of his land, he shall be bound to give, and the under-raiyat concerned shall be 
entitled  to  receive  from  the  raiyat,  a  corresponding  or  proportionate  relief  by  way  of  suspension  or 
remission of rent payable in respect of such land. 

(2) The nature and extent of the relief which a raiyat is bound to give and which the under-raiyat is 
entitled to receive under sub-section (1) shall be determined in accordance with the rules made under this 
Act. 

(3) No suit shall lie and no decree of a civil court shall be executed for the recovery by a raiyat of any 
rent the payment of which has been remitted, or during the period for which the payment of such rent has 
been suspended, under this section. 

(4) The period during which the payment of rent is suspended under this section shall be excluded in 

computing the period of limitation for any suit or proceeding for the recovery of such rent. 

(5) If any raiyat fails to suspend or remit the payment of rent as provided in sub-section (1), he shall 
be liable to refund to the under-raiyat the amount recovered by him in contravention of the provisions of 
this section and shall also be liable to punishment as provided in this Act. 

118.  Eviction  of  under-raiyat.—(1)  No  person  shall  be  evicted  from  any  land  held  by  him  as             

under-raiyat  except  under  the  order  of  the  competent  authority  made  on  any  of  the  following  grounds, 
namely:— 

(a) that the land has been reserved for personal cultivation of the raiyat under section 101, or is 

deemed to have been reserved for personal cultivation of the raiyat under section 103; 

28 

(b) that a notice has been given to the under-raiyat under sub-section (3) of section 105; 

(c)  that  the  under-raiyat  has  intentionally  and  wilfully  committed  such  acts  of  waste  as  are 
calculated  to  impair  materially  or  permanently  the  value  or  utility  of  the  land  for  agricultural 
purposes; 

(d) that the under-raiyat has failed to pay rent within a period of three months after it falls due: 

Provided that  the  competent  authority  may,  if  it  thinks  fit,  grant further  time  not  exceeding  six 

months for payment of the rent; 

(e) that the under-raiyat, not being a person under disability, has, after the commencement of this 

Act, sublet the land without the consent in writing of the raiyat. 

(2) No order for eviction of an under-raiyat shall be executed till the standing crops, if  any, on the 

land are harvested. 

(3) Where any land has been reserved for the personal cultivation of a raiyat by an order made under 
sub-section (3) of section 101, no suit or application for the eviction of the under-raiyat in respect of such 
land under clause (a) of sub-section (1) shall lie after the expiry of five years from the commencement of 
this Act or one year from the date of the said order, whichever is later: 

Provided  that  where  any  such  raiyat  is  a  person  under  disability,  such  suit  or  application  may  be 

instituted or made within a period of five years from the date when the disability ceases. 

Explanation.—For the purposes of this sub-section, the disability of a person shall cease,— 

(a)  in  the  case  of  a  widow,  if  she  re-marries,  on  the  date  of  her  remarriage  or  if  any  person 

succeeds to the widow on her death, on the date of her death; 

(b) in the case of a minor, on the date of his attaining majority; 

(c) in the case of a woman who is unmarried or who is divorced or judicially separated from her 
husband  on the  date  of  her  marriage  or  remarriage,  as  the  case  may  be,  or  in  the  case  of  a  woman 
whose husband is a person falling under clause (d) or (e), on the date on which the disability of the 
husband ceases; 

(d) in the case of a person who is a member of the Armed Forces of the Union, on the date of his 

discharge from service or of his posting to the reserve; 

(e) in the case of a person suffering from a physical or mental disability, on the date on which the 

disability ceases to exist. 

119. Restoration of possession of land to under-raiyat.—Where a person who has taken possession 
of  any  land  by  evicting  an  under-raiyat  therefrom  on  the  ground  that  the  land  had  been  reserved  for 
personal cultivation by him, fails to cultivate such land personally within one year from the date on which 
he took possession thereof or ceases to cultivate such land personally in any year during a period of four 
years next following, the under-raiyat shall be entitled to be restored to possession of the land from which 
he was evicted. 

Explanation.—For  the  purpose  of  this  section,  land  shall  not  be  deemed  to  be  under  the  personal 
cultivation of a person (not being a person under disability) unless such person or a member of his family 
engages himself in the principal agricultural operations. 

120. Certain lands to be non-resumable land of under-raiyat.—If a raiyat fails to— 

(a) apply for reservation of any land within the period prescribed in section 100, and the land is 

not deemed to have been reserved under section 103, or 

(b)  file  a  suit  or  application  for  the  eviction  of  the  under-raiyat  from  any  land  reserved  under 

section 101 within the period prescribed in sub-section (3) of section 118, or 

(c) cultivate or ceases to cultivate the land and the under-raiyat is restored to possession of the 

land under section 119, 

the  competent  authority  may  suo  motu  and  shall,  on  application,  after  making  such  inquiry  as  may  be 
prescribed, declare the land to be the non-resumable land of the under-raiyat. 

29 

121. Compensation for improvements.—(1) An under-raiyat who has made any improvement at his 
own expense on the land leased to him shall, if he is to be evicted under the provisions of this Chapter, be 
entitled to receive compensation, before he is so evicted, for such improvement as, in the opinion of the 
competent authority, is reasonable. 

(2)  The  compensation  payable  to  an  under-raiyat  under  sub-section  (1)  shall  be  determined  in 
accordance  with  the  value  of  such  improvements  on  the  date  of  eviction,  and  in  determining  such 
compensation, regard shall be had to the following matters, namely:— 

(a) the amount by which the value of the land has increased by reason of the improvement; 

(b) the condition of the improvement at the date of the determination of the value thereof and the 

probable duration of its effect; 

(c) the labour and capital involved in the making of the improvement; and 

(d) the advantages secured by the under-raiyat in consideration of the improvement made by him. 

(3) In any case in which compensation is payable to an under-raiyat under this section, the competent 

authority may direct that— 

(a)  the  whole  or  any  part  of  any  loan  which  the  under-raiyat  has  taken  on  the  security  of  his 
interest  in  the  land  under  section  109  and  which  is  outstanding  shall  be  deducted  from  such 
compensation and paid to the Government or the co-operative society, as the case may be; 

(b) any arrear of rent due by the under-raiyat to the raiyat and the costs, if any, awarded to the 

raiyat shall be adjusted against the compensation. 

122.  Under-raiyat  may  remove  building,  works,  etc.,  not  deemed  improvements.—An                   

under-raiyat against whom an order of eviction has been passed, shall be entitled to remove within such 
time as is deemed reasonable by the competent authority any work of improvement which can be severed 
from  the  land  and  which  the  under-raiyat  desires  to  remove,  or  any  building  or  construction  or  work 
(which is not an improvement) in respect of which the raiyat is not willing to pay the compensation. 

123. Restoration of possession of land in certain other cases.—(1) Where an under-raiyat of any 
land  has,  on  or  after  the  10th  August,  1957,  surrendered,  or  been  evicted  from,  such  land  and  the 
surrender or eviction could not have taken place if this Act had been in force on the date of such surrender 
or  eviction, the competent authority  may,  suo  motu  or  on application  made  by  the  under-raiyat, restore 
him  to  possession  of  the  land  which  he  surrendered  or  from  which  he  was  evicted  unless  some  other                 
under-raiyat,  not  being  a  member  of  the  raiyat‟s  family,  had  bona  fide  been  admitted  to  possession  of 
such land. 

(2) The competent authority shall, before making an order under sub-section (1), make such inquiry 

as may be prescribed. 

124.  Relief  against  termination  of  tenancy  for  act  of  waste.—Where  a  tenancy  is  sought  to  be 
terminated on the ground that the under-raiyat has materially impaired the value or utility of the land for 
agricultural  purposes,  if  the  damage  to  the  land  admits  of  being  repaired  or  if  pecuniary  compensation 
would afford adequate relief, no proceeding for eviction shall lie against the under-raiyat unless and until 
the raiyat has served on the under-raiyat a notice in writing specifying the damage complained of and the 
under-raiyat has failed within a period of one year from the service of such notice to repair the damage or 
to pay compensation therefor. 

125. Surrender of land by under-raiyat.—(1) After the commencement of this Act, no under-raiyat 
shall surrender any land held by him as such, and no raiyat shall enter upon the land surrendered by the 
under-raiyat, without the previous permission in writing of the competent authority. 

(2)  Such  permission  shall  be  granted  if,  after  making  such  inquiry  as  may  be  prescribed,  the 
competent authority is satisfied that the proposed surrender is bona fide and in case the surrender is by a 
person who was holding the land as under-raiyat immediately before the commencement of this Act, the 
permissible limit of the raiyat concerned is not exceeded by such surrender; in other cases, the permission 
shall be refused. 

30 

(3)  Where  permission  is  refused  in  any  case,  and  the  under-raiyat  gives  a  declaration  in  writing 
relinquishing his rights in the land, the competent authority shall, in accordance with the rules made in 
this behalf, lease out the land to any other person who shall acquire all the rights of the under-raiyat who 
relinquished his rights. 

126. Transfer of ownership of land to under-raiyats.—Subject to the other provisions of this Act, 
the  ownership  of  any  land  which  is  declared  to  be  the  non-resumable  land  of  an  under-raiyat  under  
section 104 or section 120 shall stand transferred from the raiyat thereof to the under-raiyat with effect 
from the date of such declaration, and the under-raiyat shall become the owner of such land and be liable 
to pay land revenue therefor. 

127.  Compensation  to  raiyat.—(1)  In  respect  of  every  land  the  ownership  of  which  stands 
transferred to the under-raiyat under section 126, the raiyat shall be entitled to compensation which shall 
consist of the aggregate of the following amounts, that is to say,— 

(a) an amount equal to thirty times the full land revenue payable for the land or, if the land is held 
revenue-free  or  at  a  concessional  rate,  thirty  times  the  amount  of  land  revenue  payable  for  similar 
lands in the locality; 

(b) the value of trees, if any, planted by the raiyat. 

Explanation.—Where any improvement has been made on the land at the expense of the raiyat at any 
time subsequent to the last settlement, the land revenue for the purpose of this section shall be the land 
revenue payable for similar lands in the locality. 

(2)  The  land  revenue  payable  for  similar  lands  in  the  locality  and  the  value  of  trees  referred  to  in            

sub-section (1) shall be determined in the prescribed manner. 

(3) Every raiyat entitled to compensation under this section shall, within a period of six months from 
the date of the declaration referred to in section 126, apply to the competent authority  in the prescribed 
manner for determining the compensation. 

128. Payment of compensation to raiyat.—(1) The compensation to which a raiyat is entitled under 
section 127 shall be paid to him by the Government in the first instance, and it may be paid in cash, in 
lump sum or in annual instalments not exceeding twenty or in the form of bonds which may be negotiable 
or non-negotiable but transferable. 

(2) From the date of the declaration referred to in section 126, the raiyat shall be entitled to interest at 

the rate of 2½ per cent. per annum on the compensation or such portion thereof as remains un paid. 

(3)  Any  mortgage  of,  or  encumbrance  on,  the  land  of  which  the  ownership  is  transferred  to  the             

under-raiyat  under  section  126  shall  be  a  valid  charge  on  the  amount  of  compensation  payable  to  the 
raiyat. 

(4)  Notwithstanding  anything  contained  in  sub-sections  (1)  to  (3),  where  the  person  entitled  to 
compensation under section 127 is a charitable or religious institution, the compensation shall, instead of 
being assessed under that section, be assessed as a perpetual annuity equal to the reasonable rent for the 
land, less the land revenue payable on such land. The amount so assessed shall be paid to such institution 
in the prescribed manner. 

129.  Under-raiyat  to  pay  compensation  amount.—(1)  Every  under-raiyat  to  whom  ownership  of 
any land has been transferred under section 126 shall be liable to pay to the Government in respect of that 
land compensation as determined under section 127. 

(2) The compensation shall be payable in cash, in lump sum or in such number of annual instalments, 
not exceeding twenty as may prescribed. Interest at the rate of 2½ per cent. per annum shall be payable on 
the compensation or such portion thereof as remains unpaid. 

(3) The compensation payable under this section shall be a charge on the land. 

(4) The compensation or any instalment thereof shall be re-coverable in the same manner as an arrear 

of land revenue. 

31 

130.  Issue  of  certificate  to  under-raiyats.—When  the  compensation  or  the  first  instalment  of  the 

compensation,  as  the  case  may  be,  has  been  paid  by  the  under-raiyat,  the  competent  authority  may                 
suo motu and shall, on application made to it in this behalf, issue to the under-raiyat a certificate in the 
prescribed form declaring him to be the owner of the land specified therein.  

131.  First  option  to  purchase.—(1)  If  a  raiyat  at  any  time  intends  to  sell  his  land  held  by  an                

under-raiyat, he shall give notice in writing of his intention to such under-raiyat and offer to sell the land 
to him. In case the latter intends to purchase the land, he shall intimate in writing his readiness to do so 
within two months from the date of receipt of such notice. 

(2)  If  there  is  any  dispute  about  the  reasonable  price  payable  for  the  land,  either  the  raiyat  or  the 
under-raiyat may apply in writing to the competent authority for determining the reasonable price; and the 
competent authority, after giving notice to the other party and to all other persons interested in the land 
and after making such inquiry as it thinks fit, shall fix the reasonable price of the land which shall be the 
average of the prices obtaining for similar lands in the locality during the ten years immediately preceding 
the date on which the application is made. 

(3) The  under-raiyat  shall deposit  with the  competent  authority  the amount  of the  price  determined 

under sub-section (2) within such period as may be prescribed. 

(4)  On  deposit  of  the  entire  amount  of  the  reasonable  price,  the  competent  authority  shall  issue  a 
certificate  in  the  prescribed  form  to  the  under-raiyat declaring  him  to  be  the  purchaser  of  the  land;  the 
competent authority shall also direct that the reasonable price deposited shall be paid to the raiyat. 

(5) If an under-raiyat does not exercise the right of purchase in response to the notice given to him by 
the raiyat under sub-section (1) or fails to deposit the amount of the price as required by sub-section (3), 
such under-raiyat shall forfeit his right of purchase, and the raiyat shall be entitled to sell such land to any 
other person. 

(6) The forfeiture of the right to purchase any land under this section shall not affect the other rights 

of the under-raiyat in such land. 

132.  Power  to  make  rules.—(1)  The  Administrator  may,  by  notification  in  the  Official  Gazette, 

make rules for carrying out the purposes of this Part. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for— 

(a) the form of notices to be issued under this Part and the manner of their service; 

(b) the manner of holding inquiries under this Part; 

(c) the circumstances in which and the period for which land used for agricultural purposes may 

be left uncultivated; 

(d) the conditions subject to which lands may be leased by the Collector under section 106; 

(e) the form of applications to be made under this Part, the authorities to whom they may be made 

and the procedure to be followed by such authorities in disposing of the applications; 

(f) the determination of the value of the produce of land, the profits of agriculture, and the rental 

values of land, for the purposes of this Part; 

(g) the time and manner of payment of rent by the under-raiyat; 

(h) the form of receipt for rent to be given by the raiyat; 

(i) the factors to be taken into account in determining reasonable rent for land and in commuting 

rent in kind into money rent; 

(j) the nature and the extent of relief to the under-raiyat in cases of suspension or remission of 

land revenue by the Government; 

(k)  the  determination  of  compensation  for improvements to under-raiyats  who  are  evicted from 

land; 

32 

(l) the grant of permission to surrender land; 

(m)  the  determination  of  the  amount  of  compensation  payable  to  the  raiyat  in  respect  of  the                     

non-resumable lands of under-raiyats; 

(n) the form of certificates to be granted to under-raiyats; 

(o) the determination of the price to be paid by under-raiyat for land in respect of which the first 

option to purchase is exercised; 

(p) any other matter which is to be or may be prescribed. 

PART IV 

CHAPTER XI.—ACQUISITION OF ESTATES AND OF RIGHTS OF INTERMEDIARIES THEREIN 

133. Definitions.—In this Part,— 

(a)  “estate”  means  lands  included  under  one  entry  in  any  of  the  general  registers  of                                      

revenue-paying and revenue-free lands and includes— 

(i) revenue-free lands not entered in any register, and 

(ii) a part of, or a share in, an estate; 

(b)  “homestead”  means  a  dwelling  house  together  with  any  courtyard,  compound,  garden,  or 
outhouse and includes any outbuildings used for purposes connected with agriculture and any family 
graveyard, library, office, guest house, grainstore, latrines, boundary walls, tanks, wells or places of 
worship appertaining to such dwelling house; 

(c) “intermediary” means a person who holds in an estate the right, title or interest of a talukdar 

and includes— 

(i) a person who holds land either revenue-free or at a concessional rate, and 

(ii) a tenure holder; 

(d)  “tenant”  means  a  person  who  cultivates  or  holds  the  land  of  an  intermediary  under  an 
agreement, express or implied, on condition of paying therefor rent in cash or in kind or delivering a 
share of the produce and includes a person who cultivates or holds land of an intermediary under the 
system generally known as “bhag”, “adhi” or “barga”; and the term “sub-tenant” shall be construed 
accordingly; 

(e) “tenure holder” means a person who has acquired from an intermediary the right to hold lands 
for the purpose of collecting rents or bringing them under cultivation by establishIng tenants thereon. 

134. Notification vesting estates in the State.—(1) As soon as may be after the commencement of 
this Act, the Administrator may, by notification in the Official Gazette, declare that, with effect from the 
date  specified  in  the  notification  (hereinafter  referred  to  as  the  vesting  date),  all  estates  situated  in  any 
area  or  areas  and  all  rights,  title  and  interest  of  every  intermediary  in  such  estates  shall  vest  in  the 
Government free from all encumbrances. 

(2) Every notification under sub-section (1) shall also be published in such other manner as may be 

prescribed. 

(3)  The  publication  of  a  notification  in  the  manner  provided  in  sub-sections  (1)  and  (2)  shall  be 
conclusive evidence of the notice of declaration to the intermediaries whose interests are affected by such 
notification. 

135. Consequences of notification under section 134.—Notwithstanding anything contained in any 
law for the time being in force or in any agreement or contract, express or implied, with effect from the 
vesting date,— 

(a) each estate to which the notification relates and all rights, title and interest of intermediaries in 

such estate shall vest in the Government free from all encumbrances, including— 

(i)  rights  in  hats,  bazars,  ferries,  forests,  wastelands,  abadi  sites,  fisheries,  tolls  and  other 

interests; 

33 

(ii) rights in any building other than a dwelling house or in any part of such building, used 

primarily as office cutcherry for collection of rent; 

(b)  all  grants  and  confirmation  of  title  to  the  estate  and  rights  therein  made  in  favour  of  an 

intermediary shall cease and determine; 

(c)  any  building  used  for  educational  or  charitable  purposes  and  held  by  the  intermediary  shall 

vest in the Government for those educational or charitable purposes; 

(d)  subject  to  the  other  provisions  of  this  Act,  every  tenant  holding  any  land  under  an 
intermediary shall hold the same directly under the Government as a raiyat thereof and shall be liable 
to pay to the Government land revenue equal to the rent payable by him to the intermediary on the 
vesting date, subject to a maximum of the value of one-eighth of the gross produce which value shall 
be determined in the manner prescribed: 

Provided that the tenant shall become the owner of any building or structure constructed on such 
land at the expense of the intermediary on payment of such compensation to the intermediary as is 
equivalent to its market value on the vesting date, which value shall be determined in accordance with 
the rules made in this behalf; 

(e)  all  arrears  of  land  revenue,  local  rates,  cesses  and  other  dues  lawfully  payable  to  the 
Government by the intermediary on the vesting date in respect of the estate shall, without prejudice to 
any  other  mode  of  recovery,  be  recoverable  by  deduction  from  the  compensation  payable  to  the 
intermediary; 

(f) all rents and other dues in respect of the estate for any period after the vesting date which, but 
for  this  Act,  would  be  payable  to  an  intermediary  shall  be  payable  to  the  Government  and  any 
payment made in contravention of this clause shall not be valid discharge of the person liable to pay 
the same; 

(g) where under any agreement or contract made before the vesting date, any rent, cess, local rate 
or  other  dues  for  any  period  after  the  said  date  has been  paid  to  or  compounded  of  released  by  an 
intermediary,  the  same  shall,  notwithstanding  such  agreement  or  contract,  be  recoverable  by  the 
Government  from  the  intermediary,  and  may,  without  prejudice  to  any  other  mode  of  recovery,  be 
realised by deduction from the compensation payable to the intermediary. 

136. Rights of intermediary to certain lands.—(1) Notwithstanding anything contained in sections 
134 and 135, an intermediary shall, subject to the provisions of sub-section (2), be entitled to retain with 
effect from the vesting date,— 

(a)  homesteads,  buildings  and  structures  together  with  the  lands  appurtenant  thereto  in  the 

occupation of the intermediary other than buildings vested in the Government under section 135; 

(b) lands under the personal cultivation of the intermediary; 

(c)  lands  in  which  permanent  rights  have  not  already  accrued  to  a  tenant  under  any  custom, 
agreement or law and which have been leased by an intermediary who, both at the commencement of 
the lease and on the vesting date, was a person under disability; 

(d) lands held by the intermediary as mortgagor which are subject to usufructuary mortgage and 

are under the personal cultivation of the mortgagee; 

(e) lands comprised in orchards or used for the purpose of live-stock breeding, poultry farming, or 

dairy farming, which are in the occupation of the intermediary; 

(f) so much of the lands comprised in a tea garden, mill, factory or workshop as in the opinion of 

the Administrator is required for such tea garden, mill, factory or workshop. 

(2) An intermediary who is entitled to retain possession of any land under sub-section (1) shall hold 
such  land  directly  under the  Government  from  the  vesting  date  as a  raiyat  thereof  and  be  liable  to pay 
therefor land revenue at full rate applicable to similar lands in the locality. 

34 

137. Collector to take charge of estates, etc., vested in the Government.—(1) The Collector shall 

take charge of estates and interests of intermediaries which vest in the Government under section 135. 

(2) For the purpose aforesaid, the Collector may, by written order served in the prescribed manner, 
require  any  intermediary  or  other  person  in  possession,  of  any  such  estate  or  interest  to  give  up  such 
possession by a date to be specified in the order (which shall not be earlier than sixty days from the date 
of service of the order) or to deliver by that date any documents, registers, or records, connected with the 
management of such estate or interest which are in his custody or to furnish a statement in the prescribed 
form in respect of such estate or interest. 

(3) The Collector or any other officer authorised by him in this behalf may take such steps or use such 
force as may be necessary to enforce compliance with the order and may also enter any building or place 
for the purpose of taking possession of the documents, registers or records referred to in sub-section (2). 

(4) An intermediary shall be entitled to make inspection of any documents, registers or records which 
have  been  delivered  to  or  taken  possession  of  by  the  Collector,  to  make  notes  therefrom  or  to  have 
certified  copies  thereof  granted  to  him.  No  fees  shall  be  charged  for  making  inspection  or  for  making 
notes, but fees may be charged, according to the prescribed scale, for the grant of certified copies. 

(5) Nothing in this section shall be deemed to authorise the collector to take possession of— 

(a) any land or of any right of an intermediary therein, which may be retained by the intermediary 

under section 136, or 

(b) any religious institution or any building connected therewith. 

138. Decision of disputes.—If there is any dispute as to the possession of any homestead or land or 
building referred to in sub-section (1) of section 136, the Collector shall, on application made  to him in 
this behalf, make such inquiry as he deems fit and pass such orders thereon as may appear to him just and 
proper. 

139.  Appeal.—An  appeal  against  an  order  of  the  Collector  passed  under  section  138,  if  preferred 

within sixty days of such order, shall lie to the District Judge having jurisdiction. 

CHAPTER XII.—ASSESSMENT AND PAYMENT OF COMPENSATION 

140. Intermediaries entitled to receive compensation.—Every intermediary, whose right, title and 
interest  in  any  estate  vest  in  the  Government under  Chapter XI  shall  be  entitled to receive  and  be  paid 
therefor compensation as hereinafter provided. 

141.  Date from which  compensation  shall  be  due.—The  compensation referred  to  in  section  140 
shall be due as from the vesting date and the portion remaining unpaid shall carry interest at the rate of 
21/2 per cent. per annum. 

142.  Every  intermediary  to  be  treated  as  a  separate  unit.—(1)  For  the  purpose  of  assessing 

compensation under this Chapter,— 

(a) every intermediary shall be treated as a separate unit; 

(b) if two or more intermediaries hold an estate or any interest therein jointly, the share of each 

intermediary in such estate or interest shall be treated as a separate unit: 

Provided  that  where  any  such  estate  or  interest  is  held  by  a  Hindu  joint  family  consisting  of  a 
common ancestor in the male line and his descendants, the family shall if the common ancestor was 
alive on the vesting date, be treated as one unit; 

(c) if an intermediary holds shares or interest in two or more estates, the aggregate of his shares or 

interest in all such estates shall be treated as a single unit. 

(2) Notwithstanding anything to the contrary contained in any other law, no partition or transfer by 
way of sale or gift of an estate or part thereof made on or after the 10th August, 1957, shall be recognised 
for the purpose of assessing the compensation. 

35 

(3) Nothing in sub-section (2) shall apply to— 

(a)  any  sale  made  under  an  order  of  court  in  execution  of  any  decree  or  order  for  payment  of 

money, or 

(b) any sale or gift made in favour of a wakf, a trust, an endowment or a society registered under 
the  Societies  Registration  Act,  1860  (21  of  1860)  and  established  wholly  for  charitable  purposes, 
unless the Government in any particular case directs otherwise. 

143. Appointment of compensation officers.—The Administrator shall, as soon as possible after the 
publication of a notification under section 134, appoint one or more officers to be compensation officers 
to prepare compensation assessment rolls and to perform such other duties as may be prescribed. 

144.  Compensation  assessment  roll.—(1)  The  compensation  officer  shall  prepare  a  compensation 

assessment roll in respect of every estate vested in the Government under Chapter XI. 

(2) The compensation assessment roll shall contain particulars of the gross income and the net income 
from the estate, the share of the net income of the intermediary or each of the intermediaries, the amount 
of compensation payable to him or them and such other particulars as may be prescribed. 

(3) Where an intermediary has shares or interest in two or more estates all of which have vested in the 
Government, the particulars of the shares or interest of such intermediary in the net income from all such 
estates and the compensation payable to him in respect of his shares or interest in all such estates shall be 
shown in the compensation assessment roll relating to any one of such estates. 

(4) Where an intermediary has shares or interest in two or more estates either or any of which has not 
vested  in  the  Government,  the  compensation  payable  to  the  intermediary  shall  be  determined  after  all 
such estates have vested in the Government, on the basis of the aggregate of his shares or interest in the 
net income from all such estates. 

(5) Nothing in sub-section (4) shall be construed as authorising the postponement of payment of  ad 
interim compensation to any such intermediary as is referred to in that sub-section in respect of the estate 
or estates which have vested in the Government. 

(6)  For  the  purpose  of  preparing  the  compensation  assessment  roll,  the  compensation  officer  may 

require an intermediary to submit such statements and furnish such particulars as may be prescribed. 

145.  Determination  of  gross  income  and  net  income.—(1)  For  the  purpose  of  assessment  of 

compensation payable in respect of an estate,— 

(a) the gross income from the estate shall be taken to consist of— 

(i) in respect of lands other than those referred to in section 136, the rents, cesses, local rates 
and other amounts payable or deemed to be payable to the intermediary or intermediaries by the 
tenants and tenure-holders for the previous year, including the commuted value of rents payable 
in kind which value shall be determined in the prescribed manner; 

(ii)  the  gross  income  from  abadi  sites,  fisheries,  hats,  bazars,  ferries,  forests,  tolls,  waste 

lands and other interests in the estate for the previous year; 

(iii) the aggregate of the annual rents for the previous year from buildings used as offices or 

cutcherries and any other building which vest in the Government; 

(iv)  any  other  income  during  the  previous  year  appertaining  to  the  estate  vesting  in  the 

Government not expressly mentioned in the foregoing sub-clauses; 

(b)  the  net  income  from  the  estate  shall  be  computed  by  deducting  from  the  gross  income  the 

following, namely:— 

(i) any sum which was payable by the intermediary or intermediaries during the previous year 
as land revenue, cesses, local rates or rent to the Government in respect of the interests to which 
the gross income relates; 

36 

(ii) any sum payable under the Bengal Agricultural Income-tax Act 1944 (Ben. IV of 1944), 
as extended to Tripura or the Indian Income-tax Act 1922 (11 of 1922), during the previous year 
as defined in those Acts, in respect of the interests to which the gross income relates; 

(iii) charges on account of management and collection at the following rates, namely:— 

Amount of gross income  

Rate  

(a) Where the gross income exceeds Rs. 30,000.         15 per centum of such gross income. 
(b) Where the gross income exceeds Rs. 10,000          121/2 per centum of such gross income. 

but does not exceed Rs. 30,000. 

(c) Where the gross income exceeds Rs. 5,000            10 per centum of such gross income. 

but does not exceed Rs. 10,000. 

(d) Where the gross income exceeds Rs. 2,500             71/2 per centum of such gross income. 

but does not exceed Rs. 5,000.          

(e) Where the gross income does not exceed                5 per centum of such gross income. 

   Rs. 2,500. 

Provided that the net income (after deducting the charges on account of management and collection) 
from an estate which falls under item (a), (b), (c) or (d) shall in no case be less than the maximum net 
income from an estate which falls under the item immediately, following. 

Illustration.—The net income after deducting the charges on account of management and collection 

at  121/2  per  cent.  under  item  (b)  from  an  estate  the  gross  income  of  which  is  Rs.   10,100  will  be                         
Rs. 8,837.50 while the net income after deducting the charges on account of management at 10 per cent. 
under item (c) from an estate the gross income of which is Rs. 10,000 will be Rs. 9,000; under the proviso, 
the net income from the first mentioned estate shall be taken to be Rs. 9,000 and not Rs. 8,837.50. 

(2) The net income from the estate as determined under sub-section (1) shall be apportioned among 
all the intermediaries having a share or interest in the estate in the  proportion of their shares or interest, 
and if in doing so, any dispute involving a question of title arises, the compensation officer shall refer the 
parties to a civil court. 

Explanation.—For the purpose of this section except clause (b) (ii) of sub-section (1), “previous year” 

means the year immediately preceding the year in which the vesting date falls. 

146.  Compensation  payable  to  intermediary.—(1)  The  compensation  payable  to  an  intermediary 
shall be a multiple of his net income from the estate or where the intermediary has shares or interests in 
two  or  more  estates,  of  the  aggregate  of  his  net  incomes  from  all  such  estates,  in  accordance  with  the 
following table, namely:— 

          Amount of net income  

Total compensation payable 

(a) Where the net income does not exceed Rs.1,000.    Fifteen times such net income. 

(b) Where the net income exceeds Rs. 1,000 but           Twelve times such net income or the  

      does not exceed Rs. 2,500.                                        maximum amount under (a) above, 

                                                                                          whichever is greater.  

(c) Where the net income exceeds Rs. 2,500 but          Eleven times such net income or the  

does not exceed Rs. 5,000. 

       maximum amount under (b) above,  

                                whichever is greater. 

(d) Where the net income exceeds Rs. 5,000                Ten times such net income or the maximum 

      but does not exceed Rs. 7,500. 

                   amount under (c) above, whichever is 

                                                                                        greater. 

 (e) Where the net income exceeds Rs. 7,500                  Nine times such net income or the maximum                      

       but does not exceed Rs. 10,000.                               amount under (d) above, whichever is greater. 

37 

 
 
 
 
 
 
 
 
 
 
 
 
 
 
 
            Amount of net income  

       Total compensation payable 

(f) Where the net income exceeds Rs. 10,000  
      but does not exceed Rs. 15,000.   

  Eight times such net income or the maximum 

                  amount under (e) above, whichever is greater.                   

(g) Where the net income exceeds Rs. 15,000 
      but does not exceed Rs. 30,000.   

  Seven times such net income or the maximum 
     amount under (f) above, whichever is greater. 

(h) Where the net income exceeds Rs. 30,000 
       but does not exceed Rs. 50,000,  

  Six times such net income or the maximum  
    amount under (g) above, whichever is greater. 

(i) Where the net income exceeds Rs. 50,000  
     amount but does not exceed Rs. 1,00,000.  

  Five times such net income or the maximum         
    amount under (h) above, whichever is greater. 

(j) Where the net income  exceeds Rs. 1,00,000  
      but does not exceed Rs. 3,00,000. 

  Three times such net income or the maximum 
     amount under (i) above, whichever is greater. 

(k) Where the net income exceeds Rs. 3,00,000.   

  Two times such net income or the maximum  
    amount under (j) above, whichever, is greater. 

(2) Where the net income or any portion of the net income from an estate is dedicated exclusively to 
charitable or religious purposes, the compensation payable in respect of such net income or portion shall, 
instead  of  being  assessed  under  sub-section  (1),  be  assessed  as  a  perpetual  annuity  equal  to  such  net 
income or portion, as the case may be, payable in the prescribed manner for those purposes. 

Explanation.—For  the  purpose  of  this  sub-section,  if  the  salary,  remuneration  or  any  allowance 
payable to the Mutawalli of a wakf or the shebait of a Hindu temple or a trustee of any other charitable or 
religious trust does not exceed 15 per cent. of the net income, then such net income shall be deemed to be 
dedicated exclusively to charitable or religious purposes. 

147.  Disposal  of  claims  of  creditors.—(1)  The  Administrator  shall  appoint  a  claims  officer  not 
below the rank of sub-judge to dispose of the claims of creditors whose debts are secured by a mortgage 
of or charge on any estate or part thereof vested in the Government under section 134 and to discharge 
any other duties assigned to him by this Act or the rules made thereunder. 

(2)  Every  creditor  referred  to  in  sub-section  (1)  shall  prefer  his  claim  in  writing  before  the  claims 

officer in the manner and with-in the time prescribed. 

(3) The claims officer shall inquire into the claims in accordance with such rules as may be prescribed 

and determine the amount to which each of the creditors is entitled. 

(4) Where there are two or more creditors, the claims officer shall determine, in accordance with the 
provisions  of  the  Transfer  of  Property  Act,  1882  (4  of  1882),  the  order  in  which  each  such  creditor  is 
entitled to receive the amount due to him. 

148. Appeal against the decision of claims officer.—(1) Any person aggrieved by an order of the 
claims officer may, within sixty days of the date of the order, prefer an appeal to the District Judge having 
jurisdiction. 

(2) The decision of the District Judge on appeal, or of the claims officer where no appeal is preferred, 

shall be final. 

149.  Preliminary  publication  of 

compensation  assessment 

roll  and  disposal  of                         

objections.—(1)  After  the  amount  of  compensation  has  been  determined  in  accordance  with  the 
provisions of section 146 and entered in the compensation assessment roll, the compensation officer shall 
cause  a  draft  of  such  roll  to  be  published  in  the  prescribed  manner  and  for  the  prescribed  period.  The 
compensation  officer  shall  send  copies  of  the  relevant  portions  of  the  draft  roll  to  the  intermediaries 
concerned and shall receive and consider any objections which may be made within three months of the 
receipt of such copy to any entry therein or to any omission therefrom. The  compensation officer shall 
dispose of such objections in the prescribed manner. 

(2)  Separate  draft  compensation  assessment  rolls  may  be  prepared  and  published  under                          

sub-section (1) for different villages or groups of villages. 

38 

 
 
 
 
 
 
 
 
       
 
 
 
150.  Contents  of  the  order  of  compensation  officer.—Every  order  of  the  compensation  officer 
deciding an objection under sub-section (1) of section 149 shall contain a concise statement of the case, 
the points for determination, the decision thereon and the reasons for such decision. 

151.  Appeals  against  order  of  compensation  officer.—(1)  From  every  order  passed  by  a 
compensation officer under section 150, an appeal shall lie to a Special Judge appointed for the purpose, 
within ninety days of the date of the order. 

(2) An appeal shall lie to the court of the Judicial Commissioner, from every order passed on appeal 
by a Special Judge under sub-section (1), within sixty days of the passing of such order, on any of the 
grounds specified in section 100 of the Code of Civil Procedure, 1908 (5 of 1908). 

(3)  The  decision  of  the  Judicial  Commissioner,  or  of  the  Special  Judge  where  no  second  appeal  is 
preferred, or of the compensation officer where no appeal to the Special Judge is preferred, shall be final. 

152. Final publication of the compensation assessment roll.—(1) Where no objection or appeal has 
been filed or all the objections and appeals filed have been finally disposed of, the compensation officer 
shall cause the draft compensation assessment roll to be finally published, or make such alterations in the 
draft compensation assessment roll as may be necessary to give effect to any order passed on objection 
made under sub-section (1) of section 149 or on appeal under section 151 and cause the roll as so altered 
to be finally published, in the prescribed manner together with a certificate stating the fact of such final 
publication and the date thereof. 

(2)  The  publication  of  the  compensation  assessment  roll  under  sub-section  (1)  shall  be  conclusive 
evidence that the said roll has been duly made under this Chapter and every entry in such roll shall, save 
as otherwise provided in this Act, be conclusive evidence of the matters referred to in such entry. 

153.  Correction  of  bona  fide  mistakes.—(1)  No  Correction  of  the  compensation  assessment  roll 

after it has been finally published under section 152 shall be made except as provided in this section. 

(2) Correction of bona fide mistakes or corrections necessitated by succession to or inheritance of any 
interest  in  the  estate  can  be  made  by  the  compensation  officer  at  any  time  before  the  payment  of 
compensation,  either  of  his  own  motion  or  on  the  application  of  the  person  interested,  but  no  such 
correction shall be made while any legal proceeding affecting such entry is pending. 

(3) Every time a correction is made under sub-section (2), the compensation officer shall cause a draft 
of the correction to be published in the same manner as the draft compensation, assessment roll, and after 
considering  and  disposing  of  any  objections  that  may  be  made,  shall  cause  the  correction  to  be  finally 
published. 

154. Ad interim payment of compensation.—After the vesting date and before the final publication 
of the compensation assessment roll,  ad interim payment to the outgoing intermediary may be made as 
follows:— 

(a) the compensation officer shall calculate the probable amount of compensation payable to him; 

(b) two and a half per cent. of such probable amount shall be paid ad interim to each intermediary 

in cash every year until such time as the compensation assessment roll is finally published; 

(c)  if  there  is  any  dispute  as  to  the  title  of  any  person  to  receive  the  amount  or  as  to  the 
apportionment of it, the amount shall be kept in deposit in the manner prescribed until the dispute is 
finally determined; and on such determination, the compensation officer shall pay the amount or the 
portion thereof to the person or persons entitled to receive the same. 

155.  Mode  of  payment  of  compensation.—(1)  After  the  compensation  assessment  roll  has  been 
finally published, the compensation officer shall deduct from the amount shown in such roll as payable to 
an intermediary or any other person having interest in the estate, the following amounts namely:— 

(a) ad interim payments made under section 154; 

(b) the amount, if any, the deduction of which has been ordered under section 135; 

(c) the amounts payable to creditors as determined by the claims officer. 

39 

(2) The balance remaining after the deductions referred to in sub-section (1) are made shall be given 
in cash, in one lump sum or in annual instalments not exceeding twenty, or in bonds, or partly in cash and 
partly in bonds, in accordance with such rules as may be prescribed. 

(3)  The  bonds  referred  to  in  sub-section  (2)  may  be  either  negotiable  or  non-negotiable,  and 
transferable in such circumstances and in such manner as may be prescribed and shall carry interest at the 
rate of two and a half per cent. per annum on the amount outstanding thereon, with effect from the date of 
issue. 

(4) If any dispute, arises as to the title of any person to receive the, amount or as to the apportionment 
of  it,  the  compensation  officer  may,  if  he  thinks  fit,  keep  the  amount  of  compensation  or  the  bonds 
referred to above in deposit in the manner prescribed, until the dispute is finally determined; and on such 
determination,  the  compensation  officer  shall  pay  the  amount  or  the  portions  thereof  to  the  person  or 
persons entitled to receive the same. 

156. Compensation due to maintenance holder.—(1) If any person claiming as maintenance holder 
to be entitled to any portion of the compensation awarded to any intermediary under this Chapter applies 
to  the  compensation  officer  for  payment  of  the  same  to  him,  the  compensation  officer  may,  with  the 
consent of the intermediary, direct the payment to the applicant out of the compensation of such amount 
as the intermediary may have agreed to be paid to the applicant, and any such payment shall be a valid 
discharge of the liability of the Government in respect of the amount so paid. 

(2) If the intermediary does not give his consent, the compensation officer shall direct the applicant to 
file, within three months, a suit or other proceeding in the court having jurisdiction to establish his claim 
and order that the amount claimed shall, not in the meantime be paid to the intermediary. 

(3) The Government shall not be made a party to any suit or proceeding instituted or commenced in 

pursuance of any direction given under sub-section (2). 

(4) If the suit or proceeding referred to in sub-section (2) is instituted or commenced within the period 
aforesaid,  the  compensation  officer  shall  place  the  amount  claimed  at  the  disposal  of  the  court  before 
which such suit or proceeding is instituted. 

(5)  If  the  suit  or  proceeding  is  not  instituted  or  commenced  within  the  period  of  three  months 

aforesaid, the compensation officer shall order the amount to be paid to the intermediary. 

Explanation.—For  the  purpose  of  this  section,  a  maintenance  holder  means  a  person  entitled  to 

receive maintenance under a registered deed, decree or order of court. 

157. Compensation due to person incompetent to alienate.—If any intermediary entitled to receive 
compensation  in  respect  of  any  interest  is  a  person  incompetent  to  alienate  such  interest,  the 
compensation officer shall keep the amount of compensation payable, in respect of such interest, whether 
in cash or in bonds, in deposit with the Collector who shall arrange to invest the cash or the income from 
the bonds in the purchase of such Government or other approved securities as the Collector thinks fit and 
shall direct the payment of the income from such investment to the intermediary who would for the time 
being have been entitled to hold and enjoy such interest if it had not vested in the Government; and such 
cash, bonds and securities shall remain so deposited until they are made over to any person or persons 
becoming absolutely entitled thereto: 

Provided that  nothing  herein  contained  shall  affect  the  liability  of  any  person  who  may  receive  the 
whole or any part of any compensation under this section to pay the same to the person lawfully entitled 
thereto. 

158. Inquiries to be judicial proceedings.—The Collector, the compensation officer and the claims 
officer, for the purposes of any inquiries or proceedings under this Part, shall have the same powers as are 
vested in a court under the Code of Civil Procedure, 1908 (5 of 1908), in respect of— 

(a) enforcing the attendance of any person and examining him on oath or affirmation; 
(b) compelling the production of documents; and 
(c) issuing commission for the examination of witnesses; 

and  such  inquiries  or  proceedings  shall  be  deemed  to  be  judicial  proceedings  within  the  meaning  of 
sections 193 and 228 of the Indian Penal Code (45 of 1860). 

40 

159. Penalties.—Whoever— 

(a) wilfully fails or neglects to comply with any requirements made of him under this Part, or 

(b) contravenes any lawful order passed under this Part, or 

(c)  obstructs  or  resists  the  taking  by  the  Collector  or  any  other  officer  authorized  by  him  in 

writing of charge of any property which is vested in the Government under this Part, or 

(d) furnishes information which he knows or believes to be false or does not believe to be true, 

shall,  on  conviction  before  a  Magistrate,  be  punishable  with  fine  which  may  extend  to  five  hundred 
rupees. 

160.  Application  of  Part  III  to  persons  becoming  raiyats  or  under-raiyats  under                              

Part IV.—Where, as a result of the operation of this Part, any person acquires the right to hold land either 
as a raiyat or an under-raiyat, the provisions of Part III shall as far as may be, apply to the determination 
of such right and in such application, any reference in the said Part to the commencement of this Act shall 
be construed as a reference to the vesting date. 

161.  Power  to  make  rules.—(1)  The  Administrator  may,  by  notification  in  the  Official  Gazette, 

make rules for the purpose of carrying out the purposes of this Part. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for— 

(a) the manner of publication of a notification under section 134; 

(b) the procedure to be followed and the forms to be adopted in inquiries and proceedings under 

this Part; 

(c) the mode of service of any order, notice or other documents under this Part; 

(d) the form of the statements to be furnished by intermediaries; 

(e) the inspection of and making notes from documents, registers and records under section 137, 

the grant of certified copies thereof and the fee to be charged for such grant; 

(f)  the  form  and  the  manner  in  which  compensation  assessment  rolls  shall  be  prepared  and  the 

particulars to be mentioned therein; 

(g) the manner of apportionment of net income among intermediaries; 

(h) the procedure to be followed in the case of intermediaries having shares or interest in different 

estates; 

(i) the manner in which the preliminary and the final publication of the compensation assessment 

roll shall be made; 

(j)  the  manner  of  determining  the  amount  of  annuities  payable  to  religious  and  charitable 

institutions and the procedure for making payments; 

(k) the manner in which the income of the previous year shall be determined; 

(l) the determination of the amount of ad interim compensation; 

(m) The manner in which and the period within which creditors may prefer their claims before the 

claims officer and the procedure to be followed in the disposal of such claims; 

(n)  the  manner  in  which  objections  shall  be  submitted  to  the  compensation  officer  and  the 

procedure to be followed in the disposal of such objections; 

(o) the manner of determining the commuted value of rents under section 145; 

(p) the manner of preferring appeals under Chapters XI and XII; 

(q) the manner of keeping in deposit the amount of compensation    under sections 155 and 157; 

41 

(r) the form and contents of bonds; 

(s) the manner in which, and the circumstances under which, bonds shall be transferable, and 

(t) any other matter which is to be, or may be, prescribed.  

PART V 

CHAPTER XIII.—CEILING ON LAND HOLDINGS 

162. Exemptions.—The provisions of this Chapter shall not apply to land owned by the Government 

or a local authority. 

163. Definitions.—For the purposes of this Chapter,— 

(a) “ceiling limit”, in relation to land, means the limit fixed under section 164; 

(b) “family”, relation to a person, means the person, the wife or husband, as the case may be, and 

the dependent children and grand-children, of such person; 

(c) “land” does not include land used for non-agricultural purposes. 

164.  Ceilings  on  holdings.—No  person  either  by  himself  or,  if  he  has  a  family,  together  with  any 
other member of his family (hereinafter referred to as the person representing the family) shall, whether 
as a raiyat or an under-raiyat or as a mortgagee with possession or otherwise, or partly in one capacity and 
partly in another, hold land in excess of twenty-five standard acres in the aggregate: 

Provided that where the number of members of the family of such person exceeds five, he may hold 
five  additional  standard  acres  for  each  member  in  excess  of  five,  so,  however,  as  not  to  exceed  fifty 
standard acres in the aggregate. 

Explanation.—In the case of a company, an association or any other body of individuals, the ceiling 

limit shall be twenty-five standard acres. 

165. Submission of returns.—Every person representing a family who at the commencement of this 
Act  holds,  or  has  at  any  time  during  the  period  between  the  10th  day  of  August,  1957  and  such 
commencement held, land in excess of the ceiling limit shall submit to the competent authority, in such 
form and within such time as may be prescribed, a return giving the particulars of all land held by him 
and indicating therein the parcels of land, not exceeding the ceiling limit, which he desires to retain: 

Provided that in the case of a joint holding, all co-sharers may submit the return jointly indicating the 

parcels of land, not exceeding the aggregate of their individual ceiling limits, which they desire to retain. 

Explanation.—In the case of a person under disability, the return shall be furnished by his guardian or 

authorised agent, as the case may be. 

166.  Collection  of  information  through  other  agency.—If  any  person,  who  under  section  165  is 
required to submit a return, fails to do so, the competent authority may collect the necessary information 
through such agency as may be prescribed. 

167. Procedure for determination of excess land.—(1) On-receipt of any return under section 165 
or  information  under  section  166  or  otherwise,  the  competent  authority  shall,  after  giving  the  persons 
affected an opportunity of being heard, hold an inquiry in such manner as may be prescribed, and having 
regard to the provisions of section 168 and section 169 or of any rules that may be made in this behalf, it 
shall determine— 

(a) the total area of land held by each person representing the family; 

(b) the specific parcels of land which he may retain; 

(c) the land held by him in excess of the ceiling limit; 

(d) whether such excess land is held by him as a raiyat or as an under-raiyat or as a mortgagee 

with possession; 

42 

(e)  the  excess  land  in  respect  of  which  the  under-raiyat  or  the  mortgagee  with  possession  may 

acquire the rights of the raiyat or the mortgagor, as the case may be; 

(f) the excess land which may be restored to a raiyat or a mortgagor; 
(g) the excess land which shall vest in the Government; and 
(h) such other matters as may be prescribed. 

(2)  For  the  purposes  of  determining  the  excess  land  under  this  section,  any  land  transferred  at  any 
time during the period between the 10th day of August, 1957 and the commencement of this Act shall, 
notwithstanding such transfer, be deemed to be held by the transferor. 

(3)  The  competent  authority  shall  prepare  a  list  in  the  prescribed  form  containing  the  particulars 
determined by him under sub-section (1) and shall cause every such list to be published in the Official 
Gazette and also in such other manner as may be prescribed. 

168. Selection of excess land in cases of certain transfers.—(1) Where any person holding land in 
excess of the ceiling limit at any time during the period between the 10th day of August, 1957 and the 2nd 
day of December, 1959, has transferred during such period any part of his land to any other person under 
a registered deed for valuable consideration, the excess land to be determined under section 167 shall, to 
the extent possible, be selected out of the land held at the commencement of this Act by the transferor in 
excess of a family holding and no land shall be selected out of the land transferred. 

(2) Where any person holding land in excess of the ceiling limit at any time— 

(a) during the period between the 10th day of August, 1957 and the 2nd day of December, 1959, 
has transferred during such period any part of his land to any other person in any manner other than 
under a registered deed for valuable consideration, or 

(b) during the period between the 2nd day of December, 1959 and the commencement of this Act 
has transferred during such period any part of his land to any other person in any manner whatsoever, 

the  excess  land  to  be  determined  under  section  167  shall  be  selected  out  of  the  lands  held  at  the 
commencement of this Act by the transferor and the transferee in the same proportion as the land held by 
the  transferor  bears to  the land transferred  and  where  no  land is  held  by  the transferor, out  of  the  land 
transferred. 

(3) Where excess land is to be selected out of the lands of more than one transferee, such land shall be 
selected  out  of  the  lands  held  by  each  of  the  transferees in the  same  proportion  as the  area  of  the  land 
transferred to him bears to the total area of the lands transferred to all the transferees. 

(4) Where any excess land is selected out of the land transferred, the transfer of such land shall be 

void. 

(5) Notwithstanding anything hereinbefore contained, the excess land to be selected shall in no case 

include the homestead land of a person. 

Explanation.—For the purposes of this sub-section, “homestead land” means the land on which the 
homestead (whether used by the owner or let out on rent) stands together with any courtyard, compound 
and attached garden, not exceeding one acre in the aggregate. 

169.  Excess  land  to  vest  in  Government.—(1)  Where  any  excess  land  of  a  raiyat  is  in  his  actual 

possession, the excess land shall vest in the Government. 

(2)  Where  any  excess  land  of  a  raiyat  is  in  the  possession  of  a  person  holding  the  same  as  an                

under-raiyat  or  as  a  mortgagee  and  the  excess  land  together  with  any  other  land  held  by  such  person 
exceeds his ceiling limit, the land in excess of the ceiling limit shall vest in the Government. 

(3)  Where  any  excess  land  of  a  raiyat  is  in  the  possession  of  a  person  holding  the  same  as  an             

under-raiyat or as a mortgagee and such person is allowed to retain the excess land or a part thereof as 
being within his ceiling limit, that person shall acquire the rights of the raiyat or of the mortgagor, as the 
case  may  be,  in  respect  of  such  excess  land  or  part  thereof  on  payment  of  compensation,  if  any,  as 
hereinafter provided, but if that person refuses to pay such compensation, the excess land or part thereof 
shall vest in the Government. 

43 

(4) Where there is any excess land of an under-raiyat or of a mortgagee with possession, the excess 

land shall vest in the Government: 

Provided  that  in  any  case  where  the  excess  land  or  any  part  thereof  held  by  the  raiyat  or  the 
mortgagor together with any other land held by such person does not exceed the ceiling limit, the excess 
land or such part thereof as does not exceed the ceiling limit shall be restored to the possession of that 
person on an application made by him in this behalf to the competent authority within such time as may 
be prescribed and in the case where the possession of such land is restored to the mortgagor, the mortgage 
in respect of such land shall be deemed to be a simple mortgage. 

170. Publication of the final list and consequences thereof.—(1) Any person aggrieved by an entry 
in  the  list  published  under  sub-section  (3)  of  section  167  may,  within  thirty  days  from  the  date  of 
publication thereof in the Official Gazette, file objections thereto before the Collector. 

(2)  The  Collector  or  any  other  officer  authorised  in  this  behalf  by  the  Administrator  may,  after 
considering  the  objections  and  after  giving  the  objector  or  his  representatives  an  opportunity  of  being 
heard in the matter, approve or modify the list. 

(3)  The  list  as  approved  or  modified  under  sub-section  (2)  shall  then  be  published  in  the  Official 
Gazette and also in such other manner as may be prescribed and subject to the provisions of this Act, the 
list shall be final. 

(4)  With  effect  from  the  date  of  the  publication  of  the  list  in  the  Official  Gazette  under                            

sub-section (3),— 

(a) the excess land shall stand transferred to and vest in the Government free of all encumbrances; 

or 

(b)  the  possession  of the  excess land  shall  stand  restored  to the  raiyat  or  the  mortgagor,  as  the 

case may be; or 

(c) the rights of the raiyat or the mortgagor in respect of the excess land shall stand transferred to 

the under-raiyat or the mortgagee, as the case may be. 

171. Compensation.—(1) Where any excess land of a raiyat vests in the Government there shall be 
paid  by  the  Government  to  the  raiyat  compensation,  subject  to  the  provisions  of  sub-section  (2),  of  an 
amount equal to twenty times the net annual income from such land. 

Explanation.—For  the  purposes  of  sub-section  (1),  the  net  annual  income  from  any  land  shall  be 
deemed to be one-fifth of the value of the average yearly gross produce of the land, calculated in such 
manner as may be prescribed. 

(2)  Where  such  excess  land  or  any  part  thereof  is  in  the  possession  of  an  under-raiyat,  the 
compensation payable under sub- section (1) in respect of the land shall be apportioned between the raiyat 
and  the  under-raiyat  in  such  proportion  as  may  be  determined  by  the  competent  authority  in  the 
prescribed manner, having regard to their respective shares in the net income from such land. 

(3) In addition to the compensation payable in respect of any excess land under sub-section (1), there 
shall also be paid compensation in respect of any structure or building constructed on such land and any 
trees  planted  thereon  and  such  compensation  shall  be  determined  by  the  competent  authority  in  the 
prescribed manner, having regard to the market value of such structure or building or the value of such 
trees, and such compensation shall be paid to the person who has constructed the structure or building or 
planted the trees. 

(4) Where any excess land in respect of which compensation is payable is subject to any mortgage or 
other encumbrance, the amount due under the mortgage or other encumbrance in respect of such excess 
land, or where a transfer in respect of any excess land is void by virtue of sub-section (4) of section 168, 
the consideration money paid by the transferee in respect of such excess land, shall be a charge on the 
compensation  payable  in  respect  of  the  excess  land  to  the  person  who  has  created  the  mortgage  or 
encumbrance or, as the case may be, to the transferor. 

44 

(5)  Where  an  under-raiyat  acquires  the  rights  of  a  raiyat  in  respect  of  any  excess  land,  the 
compensation payable by him in respect of that land shall be equal to the amount which the raiyat would 
have  been  paid  as  compensation  under  sub-section  (2)  or  sub-section  (3)  if  the  land  had  vested  in  the 
Government; and the amount shall, in the first instance, be paid to the raiyat by the Government and shall 
be recovered from the under-raiyat in such manner as may be prescribed. 

(6)  Where  a  mortgagee  in  possession  acquires  the  rights  of the  mortgagor  in  respect  of  any  excess 
land under sub-section (3) of section 169, the compensation payable by the mortgagee in respect of that 
land shall be such sum of money, if any, as may be due to the mortgagor after setting off the mortgage 
debt against the market value of such excess land. 

(7)  Where  any  excess  land  of  a  religious  or  charitable  institution  vests  in  the  Government,                       

such  institution  shall,  in  lieu  of  compensation  payable  under  sub-section  (1)  or  sub-section  (2),  or                  
sub-section (3), be paid an annuity equal to the net annual income of the excess land and such net annual 
income shall be determined by the competent authority in the prescribed manner. 

(8) The competent authority shall, after holding an inquiry in the prescribed manner, make an order 

determining the amount of compensation payable to any person under this section. 

172. Manner of payment of compensation.—(1) The compensation payable under section 171 shall 
be due from the date of the publication of the list under sub-section (3) of section 170 and may be paid in 
cash, in a lump sum or in instalments, or in bonds. 

(2)  Where  the  compensation  is  payable  in  bonds,  the  bonds  may  be  made  not  transferable  or 
transferable  by  endorsement  or  in  any  other  manner  but  all  such  bonds  shall  be  redeemed  within  such 
period, not exceeding twenty years from the date of issue, as may be prescribed. 

(3)  Where  there  is  any  delay  in  the  payment  of  compensation  or  where  the  compensation  is  paid 
either in instalments or in bonds, it shall carry interest at the rate of two and a half per cent. per annum 
from the date on which it falls due. 

173.  Limit  of  future  acquisition  of  land.—No  person  representing  a  family  shall  acquire  in  any 
manner whatsoever, whether by transfer, exchange, lease, agreement or succession, any land where such 
acquisition has the effect of making the total area of the land held by him exceed the ceiling limit; and 
any  such  land  in  excess  of  the  ceiling  limit  shall  be  treated  as  excess  land  of  the  transferee  and  the 
provisions of sections 167 to 172 shall, as far as may be, apply to such excess land. 

174. Excess land not to be surrendered in certain cases.—Where a person representing a family 
holds land not exceeding the ceiling limit, but subsequently the land held exceeds the ceiling limit, then, 
notwithstanding  anything  contained  in  this  Chapter,  such  person  shall  not  be  required  to  surrender  any 
part of the land on the ground that it is excess land, if such excess is due to any improvements effected in 
the land by the efforts of the family or to a decrease in the number of its members. 

175.  Power  of  Collector  to  take  possession  of  excess  land.—After  the  publication  of  the  list  of 
excess land under sub-section (3) of section 170, and after demarcation in the prescribed manner of such 
land where necessary, the Collector may take possession of any excess land and may use or cause to be 
used such force as may be necessary for the purpose. 

176. Offences and penalties.—(1) Whoever being bound to submit a return under section 165 fails to 
do so, without reasonable cause, within the prescribed time, or submits a return which he knows or has 
reason to believe to be false, shall be punishable with fine which may extend to one thousand rupees. 

(2) Whoever contravenes any lawful order made under this Chapter or otherwise obstructs any person 
from  lawfully  taking  possession  of  any  land  shall  be  punishable  with  fine  which  may  extend  to  one 
thousand rupees. 

177. Finality of orders.—Subject to the provisions of this Act, every order made under this Chapter 

shall be final. 

45 

178.  Power  to  exempt,  etc.—(1)  The  Administrator  may,  on  an  application  made  to  him  in  this 
behalf  within  three  months  from  the  commencement  of  this  Act,  exempt  from  the  operation  of  section 
164— 

(a)  any  land  which  is  being  used  for  growing  tea,  coffee  or  rubber  including  lands  used  or 
required  for  use  for  purposes  ancillary  to,  or  for  the  extension  of,  the  cultivation  of  tea,  coffee  or 
rubber to be determined in the prescribed manner; 

(b) any sugarcane farm operated by a sugar factory; 

(c) any specialised farm which is being used for cattle breeding, dairy or wool raising; 

(d) any person who holds a compact block of land exceeding the ceiling limit which— 

(i) is being used as an orchard from before the 1st January, 1958; or 

(ii) is being used as a farm in which heavy investment or permanent structural improvements 
have been made and which, in the opinion of the Administrator, is being so efficiently managed 
that its break up is likely to bring a fall in production: 

Provided  that  where  such person  holds  the  compact block  of  land together  with  any  other  land,  he 
shall be permitted to elect to retain either the compact block of land, notwithstanding that it exceeds the 
ceiling limit or the other land not exceeding the ceiling limit; 

(e) any land which is being held by a co-operative society, provided that where a member of any 
such  society  holds  a  share  in  such  land,  his  share  shall  be  taken  into  account  in  determining  his 
ceiling limit: 

Provided that the Administrator may entertain the application after the expiry of the said period of 
three months, if he is satisfied that the applicant was prevented by sufficient cause from  making the 
application in time. 

(2) Where any land in respect of which exemption has been granted to a person under clause (d) of 
sub-section (1) is  transferred  to  another  person, the Administrator  may,  on  an  application  made  to  him 
within three months from the date of the transfer, exempt the transferee from the operation of section 164 
and section 173 and the provisions of the said clause shall, as far as may be, apply to the grant of such 
exemption. 

(3) Where the Administrator is of opinion that the use of land for any specified purpose is expedient 
or necessary in the public interest, he may, by notification in the Official Gazette, make a declaration to 
that effect and on the issue of such notification, any person may, notwithstanding anything contained in 
section 173, acquire land in excess of the ceiling limit for being used for such specified purpose and such 
person shall, within one month from the date of such acquisition, send intimation thereof to the competent 
authority. 

(4)  Where  any  land,  in  respect  of  which  exemption  has  been  granted  under  sub-section  (1)  or                   

sub-section  (2)  or  sub-section  (3),  ceases  to  be  used,  or  is  not  within  the  prescribed  time  used,  for  the 
purpose for which exemption had been granted, the Administrator may, after giving the persons affected 
an opportunity of being heard, withdraw such exemption. 

CHAPTER XIV.—PREVENTION OF FRAGMENTATION 

179. Definitions.—For the purposes of this Chapter,— 

(a) “holding” means the aggregate area of land held by a person as a raiyat; 

(b) “fragment” means a holding of less than two standard acres in area; 

(c) “land” has the same meaning as in Chapter XIII. 

180. Restrictions on transfer, etc.—(1) No portion of a holding shall be transferred by way of sale, 

exchange, gift, bequest or mortgage with possession, so as to create a fragment: 

Provided  that  the  provisions  of  this  sub-section  shall  not  apply  to  a  gift  made  in  favour  of  the 

Bhoodan movement initiated by Acharya Vinoba Bhave. 

46 

(2) No portion of a holding shall be transferred by way of lease, where as a result of such lease,— 

(i) the lessor shall be left with less than two standard acres, or 

(ii) the total area held by the lessee exceeds the limit of a family holding. 

(3)  No  fragment  shall  be  transferred  to  a  person  who  does  not  have  some  land  under  personal 
cultivation or to a person who holds, or by reason of such transfer shall hold, land in excess of the limit of 
a family holding. 

181.  Partition  of  holding.—(1)  No  holding  shall  be  partitioned  in  such  manner  as  to  create  a 

fragment. 

(2) A fragment shall not be partitioned unless as a result of such partition its portions get merged in 
holdings of two standard acres or more or in fragments so as to create holdings of two standard acres or 
more. 

(3) Whenever, in a suit for partition, the court finds that the partition of a holding will result in the 
creation of a fragment, the court shall, instead of proceeding to divide the holding, direct the sale of the 
same and distribute the proceeds thereof among the co-sharers. 

(4) Wherever a holding is put up for sale under sub-section (3), a co-sharer shall have the first option 
to purchase the holding at the highest bid; if there are two or more co-sharers claiming the first option, 
that co-sharer who offers the highest consideration shall be preferred. 

182. Transfers in contravention of this Chapter.—(1) Any transfer, partition or lease of land made 

in contravention of the provisions of this Chapter shall be void. 

(2)  No  document  of  transfer,  partition  or  lease  of  land  shall  be  registered  unless  declarations  in 
writing  are  made,  in  such  form  and  manner  as  may  be  prescribed,  by  the  parties  thereto  before  the 
competent  registering  authority  under  the  Indian  Registration  Act,  1908  (16  of  1908),  regarding  lands 
held by each prior to the transaction and the land which each shall come to hold thereafter. 

(3) No registering authority shall register under the Indian Registration Act, 1908 (16 of 1908), any 
document  of  transfer,  partition  or  lease  of  land  if,  from  the  declarations  made  under  sub-section  (2),  it 
appears that the transaction has been effected in contravention of the provisions of this Chapter. 

183. Penalty.—The parties to any transfer, partition or lease made or entered into in contravention of 
any  of  the  provisions  of  this  Chapter  shall  be  punishable  with  fine  which  may  extend  to  one  hundred 
rupees. 

184.  Power  to  make  rules.—(1)  The  Administrator  may,  by  notification  in  the  Official  Gazette, 

make rules to carry out the purposes of this Part. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  power,  such  rules  may 

provide for all or any of the following matters, namely:— 

(a) the form in which, and the period within which, a return under section 165 may be submitted; 

(b) the agency through which information may be collected under section 166; 

(c) the manner of holding enquiries under this Part; 

(d) the matters which may be determined under sub-section (1) of section 167 and the manner of 

determination of excess lands under this Part; 

(e) the form in which a list under sub-section (3) of section 167 or sub-section (3) of section 170 

may be prepared and the manner of publication of such list; 

(f) the period within which an application for restoration of excess land may be made under the 

proviso to sub-section (4) of section 169; 

(g) the manner of apportionment of compensation between the raiyat and the under-raiyat under 

sub-section (2) of section 171; 

47 

(h)  the  manner  of  assessment  of  the  market  value  of  any  structure  or  building  or  trees  under            

sub-section (3) of section 171; 

(i) the manner of recovery of the compensation payable by the under-raiyat under sub-section (5) 

of section 171; 

(j) the manner of determining under sub-section (6) of section 171 the market value of any excess 

land in respect of which a mortgagee in possession acquires the rights of the mortgagor; 

(k) the manner of determination of the net annual income of any excess land for the purpose of 

payment of compensation under section 171; 

(l) The  manner of  payment  of  compensation, including  the  number  of  instalments in  which the 

compensation may be paid or recovered and the period within which bonds may be redeemed; 

(m) the manner of demarcation of any excess land under section 175; 

(n) the matters which may be determined by the Administrator in granting an exemption under 
section 178 including the form in which applications and intimations may be made or given, under 
section 178; 

(o) the form of declarations under section 182; 

(p) any other matter which has to be, or may be, prescribed.  

PART VI 

CHAPTER XV.—GENERAL AND MISCELLANEOUS 

185.  Recovery  of  amount  due  as  arrear  of  land  revenue.—Without  prejudice  to  any  other 
provision of this Act, any amount due to the Government, whether by way of costs, penalty or otherwise, 
and any other amount which is ordered to be paid to or recovered by the Government, under this Act shall 
be recoverable in the same manner as an arrear of land revenue. 

186. Protection against eviction or surrender in certain cases.—(1) After the commencement of 

this Act and before the vesting date referred to in sub-section (1) of section 134,— 

(a) the provisions of sections 111 to 117 shall, so far as may be, apply to tenants and sub-tenants 

as defined in clause (d) of section 133; 

(b) no such tenant or sub-tenant shall surrender any land held by him as such and no person shall 
enter upon any such land unless such surrender is bona fide and is made with the previous permission 
in writing of the competent authority, and the provisions of sub-section (3) of section 125 shall apply 
to any case where such permission is refused; 

(c)  no  such  tenant  or  sub-tenant  shall,  whether  in  execution  of  a  decree  or  order  of  court  or 
otherwise, be evicted from any such land on any ground other than those specified in clauses (c) and 
(d) a sub-section (1) of section 118, and any proceeding for eviction of such tenant or sub-tenant on 
any ground other than those specified in the said clauses (c) and (d) pending at such commencement 
shall abate without prejudice to any action that may be taken under the provisions of this Act. 

(2) Where, on or after the 10th day of August, 1957 and before the commencement of this Act, any 
such tenant or sub-tenant has surrendered any land held by him as such or been evicted from such land 
and the surrender or eviction could not have taken place if this Act had been in force on the date of such 
surrender or eviction, the competent authority may, either on his own motion or on application made by 
the tenant or sub-tenant in this behalf, restore him to possession of the land which has been surrendered or 
from which he has been evicted. 

187.  Special  provision  regarding  Scheduled  Tribes.—No  transfer  of  land  by  a  person  who  is  a 

member of the Scheduled Tribes shall be valid unless— 

(a) the transfer is to another member of the Scheduled Tribes; or 

(b) where the transfer is to a person who is not a member of any such tribe, it is made with the 

previous permission in writing of the Collector; or 

48 

(c) the transfer is by way of mortgage to a co-operative society.  

188.  Jurisdiction  of  civil  courts  excluded.—No  suit  or  other  proceeding  shall,  unless  otherwise 
expressly  provided  in  this  Act,  lie  or  be  instituted  in  any  civil  court  with  respect  to  any  matter  arising 
under and provided for by this Act: 

Provided that if in a dispute between parties a question of title is involved, a civil suit may be brought 

for the adjudication of such question. 

189. Act to over-ride contracts and other laws.—Save as otherwise provided, the provisions of this 
Act  shall  have  effect  notwithstanding  anything  to  the  contrary  contained  in  any  other  law,  custom  or 
usage or agreement or decree or order of court. 

190. Court-fees.—Notwithstanding anything contained in the Courtfees Act, 1870 (7 of 1870), every 
application, appeal or other proceeding under this Act shall bear a court-fee stamp of such value as may 
be prescribed. 

191.  Village  officers  to  be  public  servants.—Every  village  accountant  and  every  other  village 
officer appointed under this Act shall be deemed to be a public servant within the meaning of section 21 
of the Indian Penal Code (45 of 1860). 

192. Power to exempt.—With the previous approval of the Government, the Administrator may, by 
notification in the Official Gazette, exempt any class of lands from all or any of the provisions of this Act. 

193. General provision as to penalties.—Whoever contravenes any provision of this Act for which 
no penalty has been otherwise provided for therein shall be punishable with fine which may extend to five 
hundred rupees. 

194. Protection of action taken in good faith.—No suit, prosecution or other proceedings shall lie— 

(a) against any officer of the Government for anything in good faith done or intended to be done 

under this Act; 

(b) against the Government for any damage caused or likely to be caused or any injury suffered or 

likely to be suffered by anything in good faith done or intended to be done under this Act. 

195. Delegation of powers.—The Administrator may, by notification in the Official Gazette delegate 
to  any  officer  or  authority  subordinate  to  him  any  of  the  powers  conferred  on  him  or  on  any  officer 
subordinate  to  him  by  this  Act,  other  than  the  power  to  make  rules,  to  be  exercised  subject  to  such 
restrictions and conditions as may be specified in the said notification. 

196. Power to remove difficulties.—If any difficulty arises in giving effect to any provision of this 
Act, the Government may, as occasion requires, take any action not inconsistent with the provisions of 
this Act which may appear to it necessary for the purpose of removing the difficulty. 

197.  General  power  to  make  rules.—Without  prejudice  to  any  power  to  make  rules  contained 
elsewhere in this Act, the Administrator may, by notification in the Official Gazette, make rules generally 
to carry out the purposes of this Act. 

198. Laying of rules before Parliament.—Every rule made under this Act shall be laid as soon as 
may be after it is made before each House of Parliament while it is in session for a total period of thirty 
days which may be comprised in one session or in two successive sessions, and if before the expiry of the 
session  in  which  it  is  so  laid  or  the  session  immediately  following,  both  Houses  agree  in  making  any 
modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter 
have effect only in such modified form or be of no effect, as the case may be; so, however, that any such 
modification or annulment shall be without prejudice to the validity of anything previously done under 
that rule. 

199. Repeal and savings.—(1) On and from the date on which any of the provisions of this Act are 
brought into force in any area in the Union territory of Tripura, the enactments specified in the Schedule 
or  so  much  thereof  as  relate  to  the  matters  covered  by  the  provisions  so  brought  into  force  shall  stand 
repealed in such area. 

49 

(2) The repeal of any enactment or part thereof by sub-section (1) shall not affect,— 

(a) the previous operation of such enactment of anything duly done or suffered thereunder; 

(b)  any  right,  privilege,  obligation  or  liability  acquired,  accrued  or  incurred  under  such 

enactment; 

(c) any penalty, for forfeiture or punishment incurred in respect of any offence committed against 

such enactment; 

(d)  any  investigation,  legal  proceeding  or  remedy  in  respect  of  any  such  right,  privilege, 

obligation, liability, penalty, forfeiture or punishment as aforesaid; 

and  any  such  investigation,  legal  proceeding  or  remedy  may  be  instituted  or  enforced  and  any  such 
penalty,  forfeiture  or  punishment  may  be  imposed  as  if  such  enactment  or  part  thereof  had  not  been 
repealed. 

(3) Subject to the provisions contained in sub-section (2), any appointment, rule, order, notification or 
proclamation made or issued, any lease, rent, right or liability granted, fixed, acquired or incurred and any 
other  thing  done  or  action  taken  under  any  of  the  enactments  or  parts  thereof  repealed,  under                   
sub-section (1) shall, in so far as it is not inconsistent with the provision of this Act brought into force, be 
deemed to have been made, issued, granted, fixed acquired, incurred, done or taken under this Act and 
shall continue to be in force until superseded by anything done or any action taken under this Act. 

(4) Any custom or usage prevailing at the time any of the provisions of this Act are brought into force 
in any area in the Union territory of Tripura and having the force of law therein shall, if such custom or 
usage  is  repugnant  to  or  inconsistent  with  such  provision,  cease  to  be  operative  to  the  extent  of  such 
repugnancy or inconsistency. 

50 

THE SCHEDULE 

[See section 199 (1)] 

(1) Praja Bhumyadhikari Sambandha Bishyak Ain (EK Ain, 1296 Tripurabda). 

(2) 1296 Tripurabder Praja Bhumyadhikari Ain Sansudhan Bishyak 1337 Tripurabder EK Ain, and 

1296 Tripiurabder Praja Bhumyadhikari Ain Sansudhan Bishyak 1335 Tripurabder EK Ain. 

(3) Rajdhani Agartala Sahar Bondobasta Sambandhiya Bidhan, 1346 T.E. 

(4) Jarip-o-Bondobasta Sambandhiya Niyamabali, 1309 Tripurabda. 

(5) Tripura Rajyer Jarip Bondobasta Sambandhyia Niyamabali Sansudhan Bishyak, 1336 Tripurabder Tin 

Ain. 

(6) Jarip-o-Bondobasta Sambandhiya Niyamabali (Prathem Khanda). 

(7) Jarip-o-Bondobasta Sambandhiya Niyamabali (Dwitiya Khanda), 1323 T.E. 

(8) 1290 Saner EK Ain Orthat Rajaswa Sambandhiya Niyamabali, and 

1323 Tripurabder Dui Ain Orthat Rajaswa Sambandhiya 

1290 Saner EK Ain Sansudhan Bishyak Bidhi. 

(9) Sarkari Prapya Aday Sambandhiya 1326 Tripura Char Ain, and 

Sarkari  Prapya  Aday  Sambandhiya  1326  Tripura  Char  Ain  Sansudhan  Bishyak  Ain  Athaba                 
1358 Tring Saner 18 Nang Ain. 

51 

 
